kristen (Manager) 14 October 2014

Want to get rid of fake relationship

I have been married for 4 months now. Before marriage, my husband and his family were extremely polite and humble to me. After marriage, my husband's and in-laws behavior suddenly changed. Excessive household work was imposed on me. Husband started getting angry and violent on small issues. I thought its because of his work and busy schedule, so I used to agree and obey him always and tried hard to make him happy.

I was not happy with the wedding, we never had s*x, because he was never able to maintain his erection. He hardly used to spend quality time with me. Also later on, he started insulting, scolding and abusing me and my parents for no reason. His parents quietly saw all this and never addressed my problems. I was restricted to contact or meet anyone among my relatives and family. Once, when I raised my concern for having his problem checked with doctor he got extremely violent and angry and told me to leave his house and he wants divorce. His parents warned me not to share this with anyone and live quietly at their house.

I had to leave their house because of continuous scornful behavior by my husband and his family. Now he is trying to persuade me by just saying that he realized he loves me when I went away from him. When I asked him to come for a check up I feel he has ED problem. He again started behaving the same and stopped talking to me. I can't trust him anymore.

What should be the approach to get rid of this false relationship as soon as possible?

Thanks

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2 Replies

Adv. Chandrasekhar (Advocate) 14 October 2014

If marriage has not been consumated, you can opt for annulment of marriage under S.12 (1)(a) of Hindu Marriage Act, which puts both the parties in the status earlier to the marriage. This section talks about impotency of the other party against the petitioner. But this section does not allow the wife to get permanent alimony after the annulment decree. Otherwise, under Section 13 (1)(ia), a wife can file a case against the husband on the ground of cruelty by denying the s*x and nonconummation of marriage. If divorce decree is granted, wife is entitled to permanent alimony and maintenance during the pendency of the petition. Otherwise also, after divorce decree, wife is entitled to mainntenance under Section 125 cr.p.c. till she gets remarried. Above all, there is mutual consent divorce. You both can talk peacefully, if both agree go for it and the divorce will be granted in about six months time. Here, the compensation to the wife will be according to the mutually agreed terms. In this, there is no need to tell the court for divorce, and simple temperamental difference will be sufficient ground to go for mutual. The option is yours.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 14 October 2014

Dear Querist

if both of you are hindu and the marriage was solemnized as per Hindu Law then you may file a divorce petition on the ground of Cruelty u/s 13(1)(ia) of Hindu Marriage Act, 1955 but you have to wait till the completion of one year. otherwise you have to file an application u/s 14 of Hindu Marriage act.

you may file an annulment petition due to his impotency as per u/s 12 of Hindu Marriage ACt

12. Voidable marriages.-

(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-

(a) that the respondent was impotent at the time of the marriage and continued to be so until the institution of the proceedings; or

(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner is required under section 5, the consent of such guardian was obtained by force or fraud; or

(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-

(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-

(i) the petition is presented more than one year after for force had ceased to operate or, as the case may be, the fraud had been discovered; or

(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;

(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied-

(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;

(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and

(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree.

If you are Christian then you have to file a Divorce petition u/s 10 of Indian Divorce Act.