Palash Mukherjee (Executive) 29 November 2013

Dilemmas in filing divorce

I got married in July 2012 as per Hindu Marriage Act. Subsequently within 15 days my wedded wife declined to lead a normal conjugal life which includes s*x. The marriage was never consummated. She was asked to consult her family members since this sort of a behavior is absolutely unacceptable from a matured lady marrying willingly for which she went to her parental house and did not return. Later on efforts were made from my end to probe her unreasonable behavior by speaking to her and also offering her to take her along to a counselor. However all such moves were rejected and later on she asked for giving all her parental belongings which we complied. Now after that, a year has passed and the other party has made no attempts at ending the marriage amicably. When our lawyer has sent notices in this matter, no reply has been obtained. We have been staying separately for the last 1.5 years now. Considering the circumstances, i find myself trapped where i was deprived of my legitimate right by my wife and she also declined to have any reconciliation later on and now she has no intention to file a divorce from her end even. I want to file a divorce but then my lawyer says that the moment i do it, i will be required to pay alimony. I do not understand why so? With evidences where my wife has denied s*x to me and has rejected the offer to go for reconciliation, why should i be paying alimony? I had never any intention to go for divorce but then if i am to stay separately like this months after months then i too being a normal human being be given an opportunity to survive in a proper way. What course of action can i initiate from my end at this point of time? If i file divorce on what ground can i do that so that i am insulated from paying any farthing/compensation/alimony?

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 29 November 2013

One of the grounds for divorce is Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

Pooja Hegde R. (Advocate) 29 November 2013

Mukherjee, where do you stay and where were you married? You really need serious professional legal advice. Pooja Hegde R. 8892562298

Advocate Ashok Kumar (Counsel) 29 November 2013

Hello,

You must file a petition in the court for nullifying your marriage on the grounds of non consummation. However, you have to consider that it has been more than a year since your marriage took place, and there is a period of limitation before which petitions like this have to be filed. You have to argue that the marriage should be nullified on the basis of non consummation, owing to the wilful refusal of your wife to consummate the marriage. Generally the courts are prone to go towards a divorce in cases like yours, but you will need a lawyer who can convince the court that a divorce decree would be highly detrimental to you and for the sake of justice and good conscience a decree of nullity should be passed. There is a very subtle difference between divorce and voidable marriages. Cases like Sarlabai v. Komal Singh have held that "Where the petition for annulment of marriage is filed after 8 years of marriage, such a petition would be barred by time." But in your case, you can put up an argument that the time was spent in trying to reconcile the differences between you and your wife and not due to any fault of yours in approaching the Court for a legal remedy. A condonation in the delay of filing of petiton will ensure that you get away safely without being burdened with alimony or maintenance. But be sure you will need a very good lawyer who can do enough research to pull out relevant precedents for your side and get you a favourable judgment.

Regards,

Advocate Ashok Kumar; www.lawkonect.com

Dr. Jyothi Vishwanath (Associate Professor of Law) 30 November 2013

Agreeing to experts, file a petition for divorce based on voluntary desertion and non-consummation. You dont have to pay maintenance too if divorce is decreed on this ground.

Palash Mukherjee (Executive) 30 November 2013

Dear Dr Vishwanath, With 1.5 years of separation can i file a divorce case on the ground of voluntary desertion? Is Non-payment of maintenance on the grounds mentioned guaranteed? Will i not be required to pay any monthly maintenance during the course of the case before the verdict is delivered under this circumstance?

Dr. Jyothi Vishwanath (Associate Professor of Law) 30 November 2013

You have to wait for another six months and file petition for divorce on the basis of desertion. Total two years period of desertion is required. I did not refer period of two years since it was already informed to you by Ramacharya in response to your query.

After two years of desertion you can file for divorce on this ground and if you are able to prove that she left you voluntarily and that too without information, she loses right to claim maintenance. I am informing the legal rules to you.

Abb Guarantee to bhagwan bhee nahi de sakta.

Hire a good advocate and you have won the battle.