troublesome hubby
Sharmila
(Querist) 17 January 2011
This query is : Resolved
Myself sharmila and 28yrs old, I am married(arranged marriage) from past 1.5 years and my husband doesn't co-operate for having a child, nor he is intrested to have physical relationship with me. The reason he gives is that he
he isn't attracted to me and says that I am not good looking. I think there is some medical problem with him that he can't have phy releationship with me and he refuses to walkin to hospital with me.
Now a days he started threatening me to give divorce now else he will go to court after 2 more years for divorce on grounds that I cannot conceive due to age factor.
Also he asks for a NO objection letter for his second marriage so that he will not divorce me and we stay all together along with his second wife.
Please can you tell me if husbands can take divorce on grounds of wife not able to give child?
I am working and he says that he need not pay any compensation for divorce. Is it true?Will the compensation be decided based on his assets?
I have got medical examination done and I don't havea any problem for conceiving. Please can you suggest me what I can/cannot do legally?
niranjan
(Expert) 17 January 2011
Let him file divorce petition but do not give consent for mutual petition. Question of permanent alimony can be decided mutually.
Adv. Sunil
(Expert) 17 January 2011
Mrs. Sharmila,
The facts of your matter needs to be analyzed as you say your marriage was solmenized about 1.5 years before.
Section 9 of the Hindu Marriage Act, 1955 embodies the concept of Restitution of Conjugal Rights under which after solemnization of marriage if one of the spouses abandons the other, the aggrieved party has a legal right to file a petition in the matrimonial court for restitution of conjugal rights. This right can be granted to any of the spouse.
Also taking divorce is not that much simple, especially on the ground which he has threatened you as Divorce is not the answer for non-conception there are many other ways.
i would suggest you to talk to him and other family members/relations to solve the matter.
after enactment of the Act, there is no such NOC which legalise 2nd marriage, so no question of NOC arise.
Lastly if your are determined not to Divorce than why to think of Alimony etc...
Dont fear, just contact in emergency for assistance 9819895456.
Amit Minocha
(Expert) 17 January 2011
if you wish to stay with him , donot give him divorce, you have already done a wise step by getting yourself medially examined.amitminocha@yahoo.com
Devajyoti Barman
(Expert) 17 January 2011
Younhusband is talkin rubbish as the re is no law n India which allows hm to remarry without your divorce. So if you are not willin then no problem as it would be really a herculian task to get a divorce for him.
Arvind Singh Chauhan
(Expert) 17 January 2011
What your husband is saying is, no ground for divorce. If you really doesn't want to live with him. File complaint for mental cruelty under 498A IPC, You may also file case against him for domestic violence. If he files divorce, Let him file divorce and watch the results.
