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Indianwomen (none)     24 December 2014

About 3 years of marriage... no relationship and divorce

I got married in April 2012 and initially my husband used to travel a lot after marriage. He used to be out of country for about 21 days in a month and then back to Mumbai. For the period we were here (say 7-10 days) he wished to stay at his sisters place for sometime and rest of the couple of days we had on our own. We obviously did not get enough time for each other.

In August 2012 we went for our honeymoon. We did not have intercourse and I did not see our relationship in this aspect moving forward. I started to get frustrated about this, started feeling insecured and also about we not spending time with each other. I wasn't sure where my life was going. We started having fights over small-small things and he got into the habit of involving his family, almost all the time we fought irrespective of how trivial or small the reason of fight was. By involving his parents a small fight became big and I was by default the person who was the culprit. I kept getting sadder and unhappy with all this.

After sometime we had a period of about 6 months when my mother were extremely unwell and I had to break from my job and take care of her full-time, when he wasn't around. During this time also I did not get any emotional support from him nor did he speak to my mother or ask me about her. Sadly she passed away and then we both moved to Switzerland as he changed is job. I quit my job and thought that maybe if we are alone, things will get better as we will have more quality time with each other. And in terms of the fights it did get better. We talked a lot and shared a lot of our thoughts and day to day activities with each other. But still I did not understand why we were not having a physical relationship. Whenever I spoke about this to him he would say that either he needs more time, or he remembers the fights and hasn't yet got over those, or is not yet ready, or would say give a week or so, etc. etc. Also whenever I approached to touch him he said he was very uncomfortable and did find it strange.

Then once we came to India from Switzerland for 15 days to spend time with our families. Given the circumstances, I suggested that he show himself to a doctor. But he disagreed and said that he isn't impotent and was irritated on me. Then I suggested lets atleast see a marriage counsellor. Till then my family did not know our problems but his family did. We stayed at his parents place and there he got into a fight with me when I discussed with him when can we go and see my family. He told me, you go if you want, I am not going and seeing them. He told his parents about this fight and they told me that just divorce her and so was his thought process.

At that point I involved my family and they were shocked to hear that, till date we never had any relationship. Today, they are entirely supporting me and say that I should not only divorce him but also file a case against him for cheating on me, for domestic violence, for impotence. They feel he has spoiled about 3 years of your life and you shouldn't let him go just like that and should demand a decent alimony. First, I did not want to get divorced out of social pressure and out of hope that maybe some day it would get better. But now, I too think getting divorced is best, which is not a problem as he and his family also want this, but I am not sure about the charges that I should file against him or even if I should file any. Right now I am staying with my family and he is going back in a few days back to Switzerland as per this previous schedule. My questions are:

1. I do not know if he is impotent as he never got himself tested. But I know he is not a bit guilty about this weakness in him. Can I charge him against anything based on not having relations with me and just dragging it?

2. All my stuff like, certificates, documents, and things which have more sentimental value are in Switzerland. My passport is with my father-in-law as he did not want me to go back to Switzerland. If I file any case against him I fear I would not get it back.

3. His family has told me that we will give you Rs. 50,000 per month, so that you can settle back in your life. Initially I thought I don't want a penny from him but I am not sure what should I do as my family is angry with him and want him to pay back on legal grounds.

4. What about alimony? What are the basics I should be knowing about it. I just want to do some ground work by knowing the legal things before I decide to take any step.

5. When I charge anyone against domestic violence, what does it mean? Does it mean only beatings and physical harrassment or it is something else?

 

Please advice! Thanks.



Learning

 3 Replies

Ravi (a)     24 December 2014

dont do any stupid things by misusing indian laws. your marriage is safe in my view.

both of you move out of your families and take time with each other only. respect each other. man's self respect gets hurt if you ask him to go to doctor for checkup. the story and fights always start from here. find out what's the actual problem, turn him towards you by your sensous looks, love him. try to solve the relationship problems mutually. he might be having problems which he is not able to share with all.

all these are ground jobs to be done first before you involve your families. if you bring in families, all unknown problems will start.

in any case, share each other's feelings, love, trust, etc. before you folks go to counsellor, etc.

time will heal the wounds. all the best!

ROHIT SHARMA (Legal Advisor )     24 December 2014

1. If both of your are prepared for divorce then seek getting divorce through mutual understanding. This is faster way without having to make any allegations. The terms of such mutual divorce need to be first reduced in writing which can include the settlement of alimony and duly notarized  and then the petition for divorce u/s 13-B of the H.M.Act, can be filed. But this would need a second motion after the cooling time of six months and if he goes out of India then he would not be able to remain present for the second motion. This of course should be of no problem if a video presence can be shown to the court at the time of the second motion.

You can also file a petition for annulment of marriage as it has not been consumated u/s 12 (1)(a) of H.M.Act . You need to allege that he is impotent  and he is refusing to undergo medical test.and the fact that he had denied such physical relations ship right from the day one after your marriage.

You can also file a police complaint against your f-i-law for having unlawful custody of your passport.

You are advised to have a copy of his passport. This will come in aid at some point pf time.

If you need to have more precise consultation in this regards you can get my contact details by clicking my name shown in the L.H.S. margin of this reply format.

Jai Karan Nagwan (consultant)     26 December 2014

Indian women, you have a tragic episode of life.. Let's share what is remedy you want.

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