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Gowri (unemployed )     22 February 2024

Mutal divorce from impotent husband

Hello,

I married my husband and after marriage find out he is impotent Because we never consummated the relationship, and he was never able to maintain an erection in order to have proper intercourse. From day one itself, his parents made sure that he and I were never alone and that they are always interrupted our personal time. I was only able to figure out that he has erectile dysfunction problems when we had some alone time, because He was not able to get an erection, even for over one hour. After one hour he got a semi erection. He does not want to divorce me And for society's sake, he wants to stay married to me, but he abuses me. He even hit me three times. So now I am at my parent's house.

He and my in laws forced me to include his name in our joint locker, where all of my jewellery are in, and he is now holding my jewellery as hostage. My parents gave him dowry money of 20 lakhs. He has both my money and my jewellery, and is refusing to give them back, unless, if I sign for mutual divorce,

He is also refusing to take treatment for his impotency problems.

Furthermore, he is refusing to give back the cash dowry Even if I go for mutual divorce.

And he's saying that he will only give back my jewellery if I sign for mutual divorce, and he will not take any treatment, and he will not return the cash dowry.

 

I have the following questions regarding my situation.

1. If I sign for mutual divorce, can I file a cheating case on him for cheating and betraying me by marrying me, even though he and his family knows he is impotent? 

2. How can I get my 20 lakhs cash Dowry back from him when he's refusing to give back the dowry?

3. Is it possible for me to get my jewellery and cash dowry back from him without filing for a mutual divorce first?

4. How can I file a case against him for cheating me and hiding the truth that he was impotent ?? He and his family tortured us so much.

5. Since I am no longer live with him, I email him multiple times, asking him to return a jewellery. But he's reading my email, I get the read receipt. However, he's not responding to my email. So can I produce those emails in court and take his lack of response as him accepting his faults?



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 4 Replies

Dr. J C Vashista (Advocate )     22 February 2024

Originally posted by : Gowri
Answer to your questions is:
1. If I sign for mutual divorce, can I file a cheating case on him for cheating and betraying me by marrying me, even though he and his family knows he is impotent? 

Ans: Before signing for mutual divorce petition you can lodge cheating case but not after it is signed.

2. How can I get my 20 lakhs cash Dowry back from him when he's refusing to give back the dowry?

Ans : If social pressure (through relatives / parents / friends etc.) fail and your husband / in-laws stick to their stand file a police complaint for criminal breach of trust.

3. Is it possible for me to get my jewellery and cash dowry back from him without filing for a mutual divorce first?

Ans: Mutual divorce and return of stridhan (dowery articles) are two different topics and both have to be dealt separately. 

4. How can I file a case against him for cheating me and hiding the truth that he was impotent ?? He and his family tortured us so much.

Ans: Move appropriate criminal proceeding and petition for divorce annulment of marriage for non-consumation of marriage i.e., your marriage is still incomplete. 

5. Since I am no longer live with him, I email him multiple times, asking him to return a jewellery. But he's reading my email, I get the read receipt. However, he's not responding to my email. So can I produce those emails in court and take his lack of response as him accepting his faults?

Ans: of course you will be required to prove your case before police or court, where you register your complaint.

In the light of aforesaid circumstances law is very much in your favour.

It is better to consult and engage a local prudent lawyer for proper guidance and necessary proceeding.

 

T. Kalaiselvan, Advocate (Advocate)     22 February 2024

 Once you file a mutual consent divorce for the same reason it clearly indicates that you have condoned it hence no question of cheating you, moreover even if knew that he had the defects, it may not be an act of cheating.

Instead, you file an annulment case to declare the marriage as null and void owing to his impotency and also file criminal case for dowry harrasment and return of your dowry amount and jewels and also DV case against him and his parents.

 

Gowri (unemployed )     23 February 2024

Hello Sire,

Thank you.

For my previous question Divorcing my impotent husband, all of you had said that I can file a dowry harassment case against my husband and in laws According to section 398.

My husband and I are living separately in abroad, and my in laws are living in India.

How can I file the complaint against them? Because I am worried that my in laws may abscond to another city?

The current city my in laws live in is in Chennai And that too is a rental house. But what can I do if I give a complaint in Chennai, and they abscond to another city? Then how can the police find my in laws in order to recover my dowry cash and jewels?

How can I file a complaint against my NRI husband who is living in Canada? 

Both my husband and my in laws are not responding to my phone calls or my emails. They are completely cut off all ties with me and so there's no way for me to contact them and I do not live with my husband.

Can I file a complaint against my in laws through my lawyer, or do I have to go in person to give the complaint? Or can I do it online?

Please kindly advise me or not as to how I can proceed in recovering my jewels and dowry cash?

Dr. J C Vashista (Advocate )     24 February 2024

You may file complaint to concerned SHO police station on line, through some relative attorney / lawyer. You will have to disclose all facts including the fact that both of you are abroad.

If your in-laws can be served at the known address, let them shift to some other city / country subsequently it becomes easier for police / Court to proceed against accused person.

You have posted numerous questions in one go itself.

It would be appropriate and better to seek professional services of a local prudent lawyer (at your in-laws or parental city).

 


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