Need advice on divorce

you can file 498a case against him, if he is torturing, or you willing to releave from his then file divorce

Hmmm, Jaks,

Don't put 498-a. As none of the torture indicate anything of this sort. You can go for divorce, as time for filing nullity is passed.

You can initiate the proceedings in the counrty you are in as you both are NRI

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

I want to seek divorce from him either mutual concert/ nullity.

but my question is if i file nullity will have any problems if it is prooved that he is relatively impotent to me but not for other women? what could be the possible judments in such cases. i know nullity will not provide any alimony but is there a change i can get alimony?

1. Both of you are NRI - right
2. Both of you are in s/w field - right
3. Both are living independently in overseas country - right
4. Both shall be earning well enough to drift away to start their own nests - right


So what on earth shall alimony roll back the mental cruelties as alleged? Think louder and answer to your self created que. is within your reach instead of following 498a / Bharat Ratna Dream Violence Act path here. Split assets post marriage as per no fault divorce Rulings in your DC by hiring a family law attorney and carry forward with your respective lives....................
Reasoning:
a s/w pros. quality of life is all about ecomonics of arrangments and donot make second mistake of spending it in Courts of benevolent legislation gender biased laws back home/here.........settle it out there which paws way for quick resolve to estranged couples under family matters. 

@jaks,

I presume that both of you are Hindus and your marriage was solemnized under Hindu Marriage Act and you ae seeking the relief under that Act.

If so, on the basis of given facts, your marriage can be dissolved either by annulment decree or divorce.  You can apply for annulment under Section 12 (1)(a) of the Act.  There is no such time limit.  You can file it at any point of time during matrimonial life.  Mr. Kapoor's legal advise on this time limit is wrong.

You can also apply for divorce on the ground of cruelty as you are deprived of corporal pleasures and the courts recognize it as cruelty.

In your post you clearly wrote that -  "Note : i tried with mutual concent but he was so harsh satrted saying do what ever you want i will not provide any alimony."  So, it appears there is remote chance for mutual consent.

Now, I answer to your pointed questions:

can i approach court for nullity of marriage?

Yes. You can approach under Section 12 (1)(a) of HMA for annulment or Sectin 13 (1)(ia) of HMA for divorce or if he accepts under Sectin 13 B for mutual consent divorce.

 if i approach for nullity approximately how long will it take to get judment.

Exact time cannot be ancticpated and varies on various grounds like pending cases in that court, the number of judges available, dilatory tactics adopted by the parties etc.  Rough estimate is that if your side meticulously follow-up the case, it takes two and half to three years.

what if the other party do not show up for hearings?

Case will be proceeded ex-party and you will get decree within 6 to 9 months.

will i get allimony / penality for 2 years for mental torture and stress which i have faced from him.

Keeping upon the circumstances of each case and the financial position of the parties, alimony is allowed in some cases, even in the cases  for annulment decree.

i know nullity will not provide alimony, but what for the tourture i have faced due to him.

There are some instances where maintenance is provided where the marriage is dissolved by annulment.  In HMA, there is no provision for monetary compensation to the torture faced by the petitioner in matrimonial life.  But some provisions are there in Domestic Violence Act and for cruelty, the petitioner can claim compensation / damages.

what are the possible judments if  proved he is partially impotent or he wanted did not consummate?

There are several judgments which recognize that the respondent is not impotent to the whole world as such but is impotent to the petitioner.  So, the court's primary concern is that the respondent's impotency is qua petitioner or not.  If it is qua respondent, the court grants the decree of annulment.

Hello Mr.Chandu,

Thank you for your valuable advice.
If i get judgment in my favour as ex-parte, is there a possibility for my husband to go to higher court for ruling or the lower court judgement?

what is qua petitioner?

Dear Jaks,

I can understand your pain but for going marriage to be null and void you must approach to the court with in 1 year of your marriage , since this one year time had passed so apply for Ex-party divorce.

Once the judgement will come in your favour , then keep 90 days quite after that  go for your next marriage.

 There is a procedure for getting ex-parte decree.  The court first must satisfy itself that the court notice has been properly sent to the petitioner and petitioner acknowledged the receipt and after having the knowledge of court, he wilfully wanted to absent from the court.  Then the court conducts proceedings ex-parte and give ex-parte order.  Once ex-parte order/decree is passed, the husband within 30 days of that order can move the court by filing application to set aside the ex-parte order showing the reasons, which must satisfy the court, that why he did not appear in the court and contest the case in the first instance.  If he misses this 30 days period, even then within 90 days, he can approach the High Court to set aside the ex-parte decree.  If he misses this 90 day period, even then he can move application with a prayer for condonation of delay by showing sufficient reason.  Generally courts consider such applications sympathetically as the matter pertains to two hearts and emotional thing.  If the wife married any other person immediately after 90 days, the courts will hesitate to disturb such decree, until and unless the court comes to a view point that fraud is perpetrated against it in obtainning ex-parte decree.

qua petitioner means "in respect of petitioner" (qua means in respect of).  In my earlier post, in the last line it is typed "qua respondent", but it should have been "qua petitioner".

The one year time limit other members are talking about is in the cases of cheating, fraud and pregnancy with the man other than husband under Section 12 (1)(c) and 12 (1) (d).  In your case, the ground is respondent's impotency and so, such time limit is not there.