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Sreenath (Engineer)     16 March 2012

Right choice to divide

I am married 10 months ago. My wife stayed for a month and left me and making false allegations that I am impotent and she wants divorce any way.

After going through this forum I have three ways to legally divide from her.
1. Apply for nullity / void marriage as the marriage is not consummated.
2. Apply for mutual consent divorce by paying 3L as compensation to my wife which she has accepted.
3. Apply for divorce on the grounds of mental cruelty as she is making false allegations that I am impotent.

Please suggest which is right choice to divide considering time, money and false cases she may file.



Learning

 17 Replies

Shwetha (Software Engineer)     16 March 2012

its best you go for the 2nd option.

 

if you go for anulmet or divorce its going to take a lot of time and lawyers will take a lot of money and you may still end-up paying maintenance and even may be some alimony...besides the moment you go for contested divorce, to save herself she may file 498A and DV...this will cost you additional pain and money...all this is going to cost you more than 3 years and more than 3 L...

 

so its best you go for MCD in 6 months with 3L and live happily efer after...

Shantanu Wavhal (Worker)     16 March 2012

1. Apply for nullity / void marriage as the marriage is not consummated.

for this - u have to prove that ur marriage is not consummated because of her - i.e. u have to prove it in court, which is difficult.


2. Apply for mutual consent divorce by paying 3L as compensation to my wife which she has accepted.

best option.


3. Apply for divorce on the grounds of mental cruelty as she is making false allegations that I am impotent.

trial would go on for years together ...

Sreenath (Engineer)     17 March 2012

1. proof for nullity / void:
I have a written complaint given by her in our caste community that our marriage is not consummated. She is also accepting it and ready to tell in the court. What can be considered as solid proof?

2. Mutual Conset Divorce:
Will she not demand 20% of my salary for maintenance after she takes divorce?

3. Proof for Mental Cruelty:
I have audio recordings of she shouting that I am impotent. Will it take long time even if proof is available. What can be considered as solid proof?

mrgop (Owner)     17 March 2012

If you are not impotent, fight the cases as and when they come.

Just for speedy divorce, never agree in court that you are impotent or the marriage not consummated as it would not be good for your future especially for second marriage..

I think, it would be better to file RCR with her letter, if it is in her own handwriting/signed, given in your cast community attached and expressing your willingness to undergo medical checkup under court supervison.

Then, there will be little chance for her to file divorce on other grounds and lesser chance for maintenance. It will also weaker the 49a etc. if filed later. Its better not to file divorce from your side without strong grounds with evidence. Just file RCR, and let her file divorce in return..

People like you who are reluctant to fight an Annulment/Divorce case if there is an Impotency/Non-consummation in it, are just giving the wrong message to the girls to use false Impotency/Non-consummation grounds for forcing the husband for mutual divorce and extracting money.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 March 2012

Totally depends on your disposition and how much time and effort you can spare.

 

Easiest is Option 2, followed by Option 3.

 

Option 1 is nigh impossible.

 


Regards,


Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Shwetha (Software Engineer)     18 March 2012

@Author

no matter how many evidences you have, option 1 and option 3 will take about 2-3 years and will cost you as much.

why do you want to get into all this?

Agreeing for MCD doesnt mean accepting impotency or non-comsumnation of marriage or whatever.

if you have a concerning about the 3L amount that she is asking try to talk to her about it..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 March 2012

You can mention abour non-consummation w.o referring to impotency.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Shantanu Wavhal (Worker)     18 March 2012

 

12.       Void able marriages

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

1[(a)     that the marriage has not been consummated owing to the impotence of the respondent ; or]

 

 

 

 

would the wife accept to be a scapegoat ??

Sreenath (Engineer)     18 March 2012

@Amit
Can I use the following of HMA 12, 2, b, (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 said ground.It doesn't talk about the impotency.

@Shonee
I am confused with your second post. Please provide your final suggestion again.

@Shwetha
If I pay her 3L, I am just encouraging other business minded wives to kill our family system. Am feeling guilty that I am stepping back to save my mother and sisters from going to jail due to 498a. My wife openly threatens that if I won't give divorce she will file 498a.

@mrgop
As read in other posts of LCI, RCR generally turns out negative. Also will it not kick me if I file both RCR and divorce/annulment. I am not interested in her anymore.
 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 March 2012

Listen again.

 

The marriage can be declared void based on the impotency of the respondent only. Which you are not, and if you mention the same, there would be repercussions in your second marriage.

 

However, this said, every girl in this country wants to retain the tag of VIGIN as virginity is at a premium in this country, so she would want this to be mentioned in the petition that she is a virgin. 

 

The girl wants to retain the tag of Virginity and you don't want to be labelled as Impotent.

 

So the way out is to mention:

 

THE MARRIAGE REMAINED UNCONSUMMATED DUE TO THE TEMPERAMENTAL DIFFERENCES BETWEEN THE PARTIES.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 

PS: Think, there is always a way out.

Shantanu Wavhal (Worker)     18 March 2012

TEMPERAMENTAL DIFFERENCES

MARRIAGE REMAINED UNCONSUMMATED

 

two separate grounds. 

wont be allowed to intermingled. it would be plausible scenario.


if  there are TEMPERAMENTAL DIFFERENCES - MCD option is given in HMA.

if MARRIAGE REMAINED UNCONSUMMATED, both the parties will be asked for justificable reasons. 

Shantanu Wavhal (Worker)     18 March 2012

it would be sec. 12 petition.

the following statement becomes collusion.

THE MARRIAGE REMAINED UNCONSUMMATED DUE TO THE TEMPERAMENTAL DIFFERENCES BETWEEN THE PARTIES.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 March 2012

The marriage can remain unconsummated owing to temperamental differences.

 

I don't like the lady's face neither she likes mine, we could not sleep in the same room.

 

use Sec 14 of HMA to present the petition within ONE YEAR.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com 

1 Like

Shwetha (Software Engineer)     18 March 2012

Author,

If you really think so then why did you even give the option 2.

I'll tell you the same thing that I told somebosy else today...

you first need to make-up your mind...what do you want?

1. do you want to get away from her as soon as possible and start a new life? If yes, then go for MCD and get a life

2. Do you want to teach her and other such business minded people a lesson and get your revenge? If yes, then go for option 1 or option 3 accordingly.

People out here can only tell you the pros and cons of different things. But, its only you who has to take a decision. 


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