Dissolution of marriage
amit
(Querist) 11 June 2012
This query is : Resolved
Sir,
My marriage was solemnized on 21st nov 2011. It was an arranged marriage wherein the period of engagement lasted for about 3 months. During the engagement period there were very cordial relationships between me and my to be wife as well as both the families. However after the marriage my wife, except on the first night, avoided to have sexual relationship with me citing petty reasons that she dosent feel attracted towards me and that she is not interested in having married life at all. Despite this fact she forced me to go on honeymoon with her where too she avoided having any sexual relations. Now since last 3 months she has gone to her parents place and is avoiding to come back citing very very petty excuses/accusations. How can I get divorce from her and under what grounds? Please help.
Dr J C Vashista
(Expert) 11 June 2012
Dear Mr. Amit,
It is necessary for both the parties to have separated for at least two years time before filing divorce petition on the ground of desertion. You may proceed and file the petition on the ground of mental cruelty and/or better if both of you may agree and file mutual divorce petition.
Dr. (Maj)J C Vashista, 09891152939
Guest
(Expert) 11 June 2012
A year is not yet complete from the date of your marriage, which is a pre-requisite for filing for divorce. This requirement can be waived only in case of extreme hardship. Refusal to have sex with the spouse amounts to mental cruelty and is a ground for divorce.
Kiran Kumar
(Expert) 11 June 2012
for filing Divorce petition you need to wait a bit more till November.
however, if you wish to take her back then may file S.9 HMA petition for restitution of conjugal rights.
act as advised by you local lawyer as per the circumstances.
Devajyoti Barman
(Expert) 11 June 2012
You can go for annulment of marriage as well on the ground of non consummation of marriage.
Adv.R.P.Chugh
(Expert) 11 June 2012
1. Non consummation of marrriage per se is not a ground for annulment. Impotency is, it is not that your wife is incapable she is just not willing - hence this is ruled out.
2. File a divorce petition u/s 13 r/w 14 (which can be filed even within a year) on grounds of extreme personal hardhship and depravity of your wife (S.14 is allowed liberally by courts). Non Cohabitation is Mental Cruelty as aforesaid.
Feel free to talk!
R.K Nanda
(Expert) 11 June 2012
Do not jump to divorce and first send a legal notice to ur wife thereby asking her to return to her matrimonial house at the
earliest and start having a good married life with you.
VENKATESH HEGDE
(Expert) 11 June 2012
Agree with nanda sir , some times a newly married couple does have this type of hesitation. try to solve with the help of psychiatrist & parents. if it is not possible go option for divorce.
K.K.Ganguly
(Expert) 11 June 2012
Talk to your wife first. Try to find out what does she want. Does she want to continue this relationship? If she does not, then propose her a mutual consent divorce to be filed after 1 year of marriage. This is the best way.
Shonee Kapoor
(Expert) 12 June 2012
Try marital counselling.
However, I disagree that no divorce petition can be presented before 1 year of marriage. If grounds are there, it can be done using Sec 14 HMA.
However, before getting on to that route, it would be advisable to exhaust all options to save the marriage.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
