Mental cruelty divorce
kankit kumar
(Querist) 05 November 2017
This query is : Resolved
Dear Sir Mam,
I was marry in June 2017 with the girl having consent of both (arranged marriage? Since than we are not any physical relation . my wife doesn't allow all that also she doesn't tell any reason. However even I have tried my best to convince her to cooperate but she neglect. Pls let me know unless having physical relation whether lagally we are husband & wife. Can I file the divorce petition on the ground of cruelty cited that we never had physical relation?
Thanks
Kankit
Vijay Raj Mahajan
(Expert) 05 November 2017
How will you prove that you both never had husband/wife relationship? Your statement will not be enough to prove it as your wife will deny your allegation and onus to prove that you never had physical relationship will be exclusively on you.
More so you need to wait for one year from the date of marriage for filling divorce petition on the ground of cruelty. However in exceptional cases you can do it now but after taking leave of the court under section 14 of the Hindu Marriage Act,1955 for Hindu marriage.
Rajendra K Goyal
(Expert) 05 November 2017
Well advised, agree with the expert Vijay Raj Mahajan.
Kumar Doab
(Expert) 05 November 2017
Marriage is not consummated.
Denial of sex by spouse is cruelty.
Kumar Doab
(Expert) 05 November 2017
It shall be appropriate to show all evidences (irrefutable) that you have and discuss with a very able senior counsel of unshakable repute and integrity specializing in Family matters having successful track record before you jump to litigation.
