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Divorce help

Hi, I got married 4 months back. 2 months back, all of a sudden my wife behaved very abnormal. We admitted her to phychiatric hospital along with her parents for few days. I came to know from her parents(they told to doctor to take treatment) & doctor that they were taking treatment for this mental illness for past 7 years. She also accepted her disease to me after recovering. When i checked with doctor,he said it is incurable disease only can be controlled to some extent with medicine and even though she looks normal, she may go out of control anytime. The information about her disease was totally hidden from me purposely by her parents & her. I sent a legal notice to her for divorce since this incurable mental disease was hidden from me and I started living separately. After receiving notice for first few weeks they tried to convince me to live with her. But I did not agree.

After some more weeks they replied to my notice stating that I am impotent and never had s*x with wife. To cover up that I am telling she is having mental illness like that. They want compensation for this and divorce. But the truth is we had s*x after marriage many times. But only thing is she never allowed me to enter inside her v**gina stating that she is afraid of pain and we will try after few days like that. so she did it with her hands :(. We enjoyed everything except that she did not allow me to enter inside her. I was hoping that she will openup after some time. She knows very well I am not impotent. I can also prove in court that I am perfectly a man. Also i can prove her mental disease. Please advise will it be a problem for me just because I did not force her for intercourse? I feel shy to ask my lawyer about this. Please advise me how to handle this situataion.

Also They have mentioned in notice I harassed her for dowry, they had given lots of gold jewels to her (they put 3 times higher in reply notice than actual what they had given) and to return all that. But she had already taken half of what her parents had given. We never asked for dowry and Even the whole marriage expenses were brone by me. Her parents didnot spend anything for marriage also.

Please advise what shall I do?

Thanks in advance

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1 Replies

Saurabh..V (Law Consultant) 23 June 2011

@Ravi,

Your is a typical case from Courts of India where a wife exaggerate her complaint to pressurize her husband but she forgets the basic issue. She starts her fight to stay with you or to bring you back in her life, but neds up ruining her own life along with her husband's life.

If you have a proof that she is mentally sick and staying with her could cause harm to your life or health then you can take divorce. Also this additinal medical certificate which says that you are NOT impotent but you are normal would be additional benefit. However, no one can compell you to undergo this test however your reluctance to undergo such test would go against you. So when you know you are normal then get the medical certificate from a Govt. Hospital.

Now about other allegations of your wife, you can also tell the court that their allegations are baseless and let the prove it. Also you can state that their claim is a counter-claim after receiving your divorce notice.

Now about dowry articles, its called "Stridhan". If you have proof, as how much money was given, then it'll be easy for you to show that your wife and her parents are liers. Also, if you can prove that you spent all the money in marriage ceremony and your in-laws spent nothing then it would be more beneficial to you.

Balancing all the pros-cons, I feel the case is completely in your favor. You should file for "Nullity of Marriage" under HMA,1955 (if you are a Hindu). With this provision, you only need to show that your marriage was done under fraud and your were kept in dark about mental illness of your wife.

Word of caution is that you stop interacting with you in-laws now. Talk to them only when court says so. Also don't be afraid or shy from your lawyer. It's ok to tell the complete the truth than being ruined by your in-laws.

//peace

/Saurabh..V