Wife do not want to consummate marriage
Querist :
Anonymous
(Querist) 16 July 2011
This query is : Resolved
Dear Sirs,
My wife in not interested in marital life, do not want to consummate marriage, have no interest in family and married life . I am married from last 7years, have no kids. I have tried my best to change attitude of my wife. But no help. She lives in separate room from last one year. Do not even allow me to enter in her room.
We both are staying alone away from our home town. She asks me to marry to another girl but without divorce, because she is not interested in marital life. I cannot do that without legal divorce.
1. Pl. let me know how can make my case strong for divorce?
2. She is also working draws Rs15000 per month as salary, I draw salary around 1Lakhs per month. If I ask her for mutual consent divorce, she asks for half salary. I want to have family, kids in future…need to save. I have Home loan for joint property of 25lakhs for which I am only paying. She is not going to marry again , will not have kids. Why she needs so much money? Unable to justify. She is single child of her parents. If court grants her maintenance, how much % of my salary will go as compensation as per law.
Pl. help
adv. rajeev ( rajoo )
(Expert) 17 July 2011
If she is not interested then discuss with her and convince her and go for consent divorce.
Guest
(Expert) 17 July 2011
better file a suit for nullity of marriage. Since the marriage is not consummated. if single act of intercourse done this suit will not lie. otherwise.
THANKACHAN V P
(Expert) 17 July 2011
Of course Petition for nullity marriage can be filed but it is not easy prove the case. I think it is better to file divorce OP if she is not amenable for joint OP under 13 B.Then matter will first come before the councillor attached to the family court for mediation talk. You can bring the matter before the councillor and if matter is not settled there, it will go back to the family court for trial.You have a valid ground for divorce.I don't think you need pay anything as maintenance since she is having sufficient means to maintain herself.
n.k.sarin
(Expert) 17 July 2011
may be she is medically unfit for sexual intercourse.petition for nullity of marriage is not maintainable at this stage.you must go for divorce on the true ground, you will get success.As far as maintenance is concerned she is already earning sufficient ammount, there is no scope of maintenance.
G. ARAVINTHAN
(Expert) 17 July 2011
if she is not willing and you want to initiate divorce proceedings, file a case on ground infidelity
R.Ramachandran
(Expert) 17 July 2011
Dear Mr. Aravinthan,
When the wife is not ready for consummation of marriage with the original husband, will it would be adviseable to allege "infidelity" to such a wife?
