Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sankar (sde)     24 November 2013

Need suggestion for applying divorce from my wife

Hi,

'I am 27 years old and married 10 months ago. My wife is 25 years old. Our's is arranged marriage. But the failure part is my wife didnt like me before marriage. But her parents convinced her, forced her or i can say tortured her to marry me.

we both have been roaming before marriage and after marriage she never accepted me to intercourse. At begining i didnt take it serious and waited for her. she said she is new for family life and she dont know what to do.? days gone, months gone but she didnt allow me to have intercourse and also she have never approached me with interest in it.

I asked her whether we can have a consultation with doctor. but she refused that she hesitates to talk to a doctor about these things. I never told about this to my parents and in laws. Whenever any misunderstandings happen she used to say 'she has not much interest in me while marrying.' . We have fought and i took it the casual way that everybody says it in anger mood. 

I indirectly told her mother to take her to hospital but she tries to change the topic to some other stuff. she keeps saying that me and her are medically fit and I am keeping her restless that she couldnt do anything. i dont know why she is mentioning me about fitness.? Also my wife is very weak and shows no interest in living with me. no affection on me. 

she goes office by 7am and returns 7pm and goes to sleep.. i do all works for her. but she never did anything supportive to me. to say she never been my wife in all aspects. used to fight a lot and never talks for convincing. i also got reduced with interests in her. but my inlaws always keep telling me about me not letting her free... i am staying in chennai from my parents and my parents are not here. Her mother says that I am talking with my parents during night time and so she couldnt have intercourse with me. 

One time we got a big misunderstanding and sttaying separately. i used to call her come home but she refused. one time i gone her home and called her. but her whole family insulted me and sent me out. in that time she didnt even talk a single word. she was quietly watching eveything. 

now recently i got a dairy for her here in my home, where she wrote that she didnt even like me on seeing me when looking for alliance and her parents only forced her for marriage. on seeing this i am upset and crying how fool iam being with her for 10 months with no physical intercourse and waited patiently for her.

Now i am looking to apply for divorce and i have a doubt. 

1) I heard like mutual consent should be applied after one year. i havnt completed one year. also she may me ready for mutual consent by her parents will never allow her for it. they always keep threatening me and my parents. i fear they will complaint me and my parents fasly about harrasements and dowry cases.

2) can i apply for nullifying this marraige as they cheated me and forced her for marrying me. also i cant give any alimony as i married her with interest and they cheated me. so if i apply for divorce, how can i avoid giving alimony.

3) how long the case will happen. I have file case on 3 ground:

       a) she married me without interest

       b) she never accepted for physical intercourse and never shown interests by herself. surely my s*x life will be hell with her. also she insulted me that i am always asking her about that. even when i asked her for consultation to doctor she refused. her parents also didnt show interest in consulting this. they just blame me and my parents to hide her inability. Also she is so weak.

       c) i went to her house and called her for living with me. but they all insulted me and she didnt come with me.

I have evidence for all 3 above mentioned points.

will these 3 points be supportive for me in applying divorce and how long will it take to get divorce. how can she delay this contestant to elongate the case. Also i have a fear that law is very supportive to women and i fear if they file a false case on me about harrasement, will they arrest me?

even if they file a false case, can i use that false case as a strong point along with above said 3 points for applying divorce. 

Please help me. I waited a long to have a respectfull arranged marriage and i waited a long to hold this marriage upto this extend even without love and physical intercourse for 10 months and not even a single time. pls give me advice how i should proceed to winning my truth.



Learning

 8 Replies

T. Kalaiselvan, Advocate (Advocate)     25 November 2013

You can file a petition for annulment of your marriage by decree declaring your marriage as null and void for the reason that there has been no s*xual intercourse between you both and her refusal for cohabitation hence marriage not consummated.  This should be filed within one year from the date of knowledge , in your case, you should file a petition before completion of one year after the date of your marriage, that is the only solution available now, hence rush up.

Pooja Hegde R. (Advocate)     25 November 2013

You will have to pay alimony if you divorce your wife. If you opt for annullment then if annullment is granted then no need to pay alimony and your marriage will also lose its legal status.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     25 November 2013

Like a divorce, an annulment is a court procedure that dissolves a marriage. But, unlike a divorce, an annulment treats the marriage as though it never happened. For some people, divorce carries a stigma, and they would prefer to have their marriage annulled. Others prefer an annulment because it may be easier to remarry 

Advocate Ashok Kumar (Counsel)     25 November 2013

Dear Sankar,

Your marriage is based on foundations of fraud and deceit, and was arranged only by the use of force and mental torture by the relatives. This is reinforced by the behaviour of your wife and your in laws whi have treated you very badly. You should try to convince your wife to agree to mediation which will help you resolve your issues quickly. However, if you think that your wife and her relatives will be uncooperative and cause issues, you can file a petition for the annulment of marriage on the grounds that the consent to the marriage was based on fraud or force, as well as that your marriage was never consummated. In Sanatkumar Agrawal vs. Nandini Agrawal, the Supreme Court held that denial of s*x amounts to causing of a mental cruelty. This was further strengthened by the Court's decision in the case of Shobha Rani vs Madhukar Reddi. Also, since you went to her house and tried to get her to resume co habitation with you, which she refused, that also qualifies as a ground for annulment of the marriage. Since the law states that you must file your annulment petition within one year of the date of marriage, you should hurry and engage a good lawyer in helping you to draft your petition and filing it in the court.

Regards,

Advocate Ashok Kumar; www.lawkonect.com

sankar (sde)     25 November 2013

Thanks very much sir. for your legal advice.


I have a doubt. If i am filing annulement in court and if she says that she will try to go with intercourse and she wanted to live with me.

Then shat can i do sir.. I have the proof that she is not interested in living these many days till now. But if she says hereafter she will be with me,
then how should i respond her sir. because i lost interest in living with her fully even if she returns. she will also be not coming with me, but just in order to delay the case and extend it, if she says she will come, how can i reply her.

Advocate Ashok Kumar (Counsel)     25 November 2013

Dear Sankar,

If your wife says that she is going to come back and live with you, then the Court will take a favourable view of that, since most laws are biased in favour to women. You will not have a choice but to accept her back. If she gets to know that you intend to reject her, then she might even file a false case under section 498a. You will need the help of an experienced lawyer who can guide you in your fight and help you win the case. If you call me at 09555 507507 or send me your contact details by email to info@lawkonect.com, then I will get back to you by phone and explain how best to proceed with your case.

Regards

Advocate Ashok Kumar; www.lawkonect.com

dr.pawan rajyan (member and secretory)     26 November 2013

rush to file for anullement  of marriage as null and void. no judge can force you to take her back. for free help join a ngo save family foundation ,banglore.google it,and you will get help no there.regards

sankar (sde)     27 November 2013

Thanks all for your dearest suggestions. Can you please guide about the expenses that i need to spend on running this case.


That is how much an advocate will demand to accept and file the case and how will I have to spend for each session of attending the court. approximaely can anyone tell me much will i be spending to run the case if it is for 1 year or 2 years.

kindly pls guide me i am searching for advocate and i need those details.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register