LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sumit Singh   13 August 2015

Need a suggestion

Hello Experts,

I got married in Dec 2014 and my marraige has been a disaster. My wife is a working professional too earning a package more than 10 lacs in IT company (Don't know I will have to give mantainance etc or not).

The facts are:-

1. Out of these 9 Months she has hardly stayed with me for approx 2.5 Months, her parents will call her again and again to their home for different irrelevant reasons.
2. She will never spend time with me and hardly talks.
3. I am living s*xless marraige and have zero physical relation till date in short it has not been consummated due to her willful denial of s*x.
4. She will fight on small small issues and have shouting and Anger Problem.
5. She will share everything which happens at our home to her home showing different context altogether.
6. Her parents have called and misbehaved with me several times.
7. She has zero dedication towards my Home and Parents.
8. She left my home in june without any reason, took some jwellery with her (which created doubts in my mind that something bad is about to happen now) Now things are in open and her Parents have even stopped picking our phone.

I accept I did a mistake and few days back out of frustration on 2 - 3 occassions sent some harsh sms to her:-

for eg: your dad is cheap, why did you stole jwellery , if you want alimony tell me and please leave me etc etc      and fought with her dad on phone.


I am sure they are into something and must be planning for some serious step.Although no fault of mine and researching on internet since last 2 months I found its a tough and long fight, thats how these gender biased laws are, so I wanted to go for MCD but no one from their side is ready to talk.

Please guide what should be my immediate step to safeguard my self from False Allegations in Future and get my marraige Annuled if possible or shall I file for Divorce. Now all people suggest you should not file divorce first as it can lead to backfire of false cases like 498 A etc , then you might need to pay mantainance etc. The thing is if they are not ready for MCD then I will have to file divorce any how sooner or later? Another issue is family I am 32 years of age and as usual parents are worried for my future etc. However, what would be a practical approach in my situation. How strong evidence can these sms be against me ? Also  can I say these messages have been sent out of frustration after 8 months of me being mentally tortured, a person will break some day, will court accept this points as I have fought recently on phone too with her dad and I am sure they must have recorded it.

One more thing which I found that willful denial of s*x amounts to cruelty and is a strong ground of divorce, will this apply in my case as I see this as a ground of filing divorce but its a short marriage any how I feel it was good as it was not consummated If somehow it would have been consummated things would have been more difficult for me , another judgement I read that interference of girl family is also a ground of divorce, which has been a lot in my case too. Can these 2 grounds be a strong point for divorce in my case as I see remaining points like her fighting on small issues etc are difficult to prove.

Really thanks for your time.



 3 Replies

Advocate Rohit (Advocate)     14 August 2015

Mr. Sumit Singh!

I can understand your problem and anxiety. But you need to act fast before they come with a trap for you. You may serve a legal notice to your wife at her maiden place asking her to come back and cohabit with you failing which you will be compelled to file divorce petition. Sen the notice through an Advocate.

For further legal assistance, you may call on the below number.

Regards

Adv. Rohit M. Dalmia

9324538481

Mumbai

SuperHero (Manager)     14 August 2015

@Sumit Singh -

The communication and misunderstandings are there in every Family which leads to Anger, Pain and Frustration. In Anger or at the heat of the moment Words may have been spoken. There are cases where Marriage didn't consumate for 1 - 2 years. It depends on the couple. 

The moment you have spoken a word about her or on her Parents. The EGO of the girl says what for me I am earning 10 Lakhs per annum. I wish I wouldn't have married this guy. 

I do understand you have gone through lot. Both have to have Patience and Tolerance, most of all acceptance. The problem with us is we expect others to behave the way we want them to behave.

If you still have Trust and Respect on Your wife/Marriage.

Try to reconcile and lead a Marital life with help of Elders, Relatives and Friends.

Once you step into the Court of Law things change a lot. 

Since your marriage hasn't been consummated yet.

1. You can file for an Annulment. 

2. You can also file for divorce under cruelty. (Denial of Sex)

3. She can't claim for maintenance because she is working in an IT company. Since she is earning 10 Lakhs. You should have her payslips and bank statements..If not please collect them and have it handy. 

4. But all the above will take a toll on your time, money and health.  Given time and energy. MCD is the best way in India to get Divorce. It takes 6 months - 1 Year both are free.(But are they really free without thinking of the other person once in a while)

In the Mean time, there will be lot of blame game, False allegations, Critics between 2 families.

After you get divorce. what you want to do? Go for Live in or look for another Marriage proposal.

We all can give advices/suggestions.. But it is your Life. Decide what you want in Life. Wish you good luck.

 

1 Like

SAKTHIVEL R   23 August 2015

@Super Hero Yes, you are right!

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query