I would be highly grateful if you could please clarify my doubts and guide me in the proper direction. I am providing a detailed information so that learned members can tell me what is the best course of action.
Marriage done in July 2009
Wife stayed with the husband for 20 days went back to her place in the month of August where she was working before the marriage. Had a meeting with in-laws and she came back to stay with the husband in October. She stayed with the husband for one month and started living separately (now in husband's city) as she got her job transferred to husband's place when she came back for the second time.
Marriage has not been consummated. She never allowed her husband to come near to her saying she is not happy in this marriage, has no love towards her husband, has no feelings for him, is not attracted towards him physically. She never said such things before marriage even though there was a five months gap between engagement and marriage. And, she never said such things in front of others. In front of others, she always said it is the husband who is not treating her well and spying on her and noting her every move.
They have also started threatning with dowry cases, cruelty, and have also startedsaying bad things about us in our society.
She was engaged to another person in the year 2007, but her engagement was called off. They did not tell us this thing before the marriage. We came to know about this after the marriage. Is this a ground for divorce i.e hiding information?
She was also having an affair with some person (different from the person with whom she was engaged), but her parents did not agree for the match. We have one letter that she wrote to him after engagement, but it is not enough to prove that she is still having relationship with him.
She has also said that she does not want to go ahead with this marriage, but she changes her track when she is in front of her parents or relatives. In front of them, she tells them that she wants to stay with me and want to work on the marriage.
We do not have any other sufficient proof to prove all this in the court of law except that if they file a case of cruelty on us, we can prove that we always treated her well. I have all the hotel bills, plane tickets, restaurant bills, bills of tour packages etc. to show that she was never illtreated.
Considering the above facts, what should be the best course of action:
--nullity of marriage on ground of the fact that marriage has not been consummated.
--nullity of marriage on ground of hiding her previous engagement (is it too weak an argument)
--mutual consent divorce if she agrees; if yes, then within one year where should wesubmit our petition? directly to the High Court or to the family court?
--normal divorce; on which ground?
Thanks for your patience reading and your valuable advise.
Prateek
