Wife file for divorce without any solid grounds

DEAR ALEX,

Your question is incomplete, as it is  without any Dates and time.

What do you mean by these :

" 2 weeks after marriage my wife went back to her home and now,1 week later " 

" my personal mental tensions"

Dear, on the above only facts how can we guide you clearly.

So, please provide us with few more details:

(a) about date of your marriage;

(b) date, on which she left from your hom;

(c) date of present notice in question. 

You need a counselling urgently . After counselling you will become capable to take right decision.

(a) date of your marriage - 10/11/08

(b) date, on which she left from your home - 25/11/08

(c) date of present notice in question - 05/02/09

After marriage we had no hus-wife relations including s*x. In those days I was under stress due to some family & job problems so I abstained from lovemaking and somewhat ignored her due to angry behaviour from her side. Lack of any s*x/love attempts from my side made her think that I'm not capable for s*x & impotent. Now, she is not even ready to consult a doctor to prove my ability or live with me at least one day even after repeated requestes from me and her family members. She is firm on divorce & sent me notice. "The cited reasons are that I didnt love or considered her as wife and had no husband wife s*x relation and i had mental problems before marriage and my family did hide it from them. So, i am not able to have s*x with her and living with me is risk for her. She also threatened to prove her virginity"

Can I save marriage in this case and what should I do now? She is not ready to come for counselling. Can she win the case on this grounds? plz help.

DEAR ALEX,

As per your saying :

" Now, she is not even ready to consult a doctor to prove my ability or live with me at least one day even after repeated requestes from me and her family members. She is firm on divorce & sent me notice...."

So, there were some meeting and conciliation form both the side, and her Parents also convinced her,  but she herself not ready to continue with you and sent the present Legal Notice with the False and Sever Allegations against you.

If the situations are as said by you;

You also want to 'SAVE' your marriage;

Parents of both the side are not ready to break the relationship;

Then do one thing, immediately contact the Lawyer Personally who sent the Legal Notice to you on behalf of your wife, explain him all the facts as stated here, but don't forget to bring your ' Family Elders '  along with you.  

WARNING: Don't send Reply Legal Notice to the "Alleged Legal Notice",  before to Contact personally witht Lawyer.

All The Matter Will Be OK;  DON'T  WORRY

Even if no solution after contancting with the 'Lawyer' don't worry.

Then issue Legal Reply Notice, but by mentioning all the facts if after the issauance of notices as above. 

She can't file a case fof  'DIVORCE' against you; except to file any harassment cases.

But, my advise to involve some Family Elders of both side, your society persons if any, and then lastly if there is any Mahila Societies, for cociliations again and again.

Both of you need counselling. The issues are not as simple as they appear. There must be other side of the coin. It is always better to have conciliation efforts.

Thanks for the help. If I prove that the allegations against me in divorce petition are false. If she is not willing to live with me even after that what will be the move from court on that divorce petition. Can she still get divorce or court rejects divorce? Plz help

Mr.Prabhakar is quite right.

Thanks everybody who have given their precious time to consult the troubled persons.

I do agree with Mr. Prabhakar. I think there is some misunderstandings between both of u. Both of u need time for each other. Both of U must sit and give time to each other & consider what is the reason behind ur present position in married life.For any type of help, if u need, u can contact me at_ 09871158578/09711364956

Dear ALex

Consumation of marriage is one of the basic tenents of complete marriage and the marriage is voidable if the marriage has not been consumated owing to impotency of the respondent.

As you said the ground of impotency is not available to the petitioner, on this sole ground she will not be able to get decree of divorce. 

Both of U should try for the counseling

At the outset I would say that all efforts should be made to save the marriage. So counselling by competent pesrsons is a good option as your wife is at the moment antagonistic towards you and may not agree to meet you alone. So if you can involve mutually respected elders, it may work.

Under HMA, a Divorce Petition cannot be filed by either side to a marriage until 1 year has elapsed from the date of marriage. However a provision to this rule is there according to which the petition for divorce may be entertained before the said period of one year where the petitioner is faced with exceptional hardship or the respondent has shown exceptional depravity.

However it appears that the instant petition has not been filed for divorce under section 13 of HMA, but it is filed under section 12 for declaring the marriage to be a nullity, for obtaining consent by fraud and for non consummation of marriage. This may be taken up before the mandatory period of one year.

Marriage uder HMA is voidable for Non Consummation of marriage provided that such non consummation of marriage is due to impotency of husband. So just proving her virginity by medical tests is not sufficient for your wife to obtain Divorce.

A marriage is also voidable where consent to marriage is obtained by force or fraud. So if you were suffering from mental problems and were being treated by a psychiatrist which fact was not disclosed to the petitioner she can claim that the marriage should be declared a nullity. However she will require to prove this at the hearing.

tsthaker@rediffmail.com

Please refer to my above comment. The second last para should read Marriage under HMA is voidable for non consummation of marriage, provided that such non consummation is due to impotency of respondent. The impotency of husband written above is in context of the instant case.

Every petition of divorce shall be filed only after the completion of one year from the date of marriage. Under certain circumstances even before the completion of one year the petition shall be filed if the court finds that there is no chance for thw spouse to continue with the marriage and it is difficult. 

As your wife has levelled certain defects on you she has to prove it at the time of trial. It is better you get a certificate of potency from the government medical officers for proving your potency and to negate her charges on you pertaining to s*xual competency.