We got married in December 2007.
My wife refused to have physical intimacy on first night giving tiredness as reason. Post that for next few days she refused it saying she is too scared about it. After pursuing for few days I gave up on it and we kept on living without consummation of marriage for few months, After few months differences start pouring in and one night in June 2008 all of a sudden she left home for her parents place saying she doesn't want to continue in this marriage.
After multiple discussions she came after few months and followed this trend of coming and going for next few years.
In last 7+ years she has lived with me only 50% of the time and has preferred to live with her parents or working younger sister. Since 2011 she comes to my place just once in a year for 3-4 days and leaves. She comes and go without informing.
In between there had been few meetings of the two families in which I expressed my desire to get legally separated in response to which they demanded Alimony of INR 50 lacs and then came down to 35 lacs. This happened in 2013 and I am not capable of paying this much amount and I dont think this is a fair demand.
Since last 6 months she and her parents are saying that they don't want separation and she wants to live with me but since I don't want she wont come back.
When she left our home in 2013 she took away all her belongings like gold jewellery, clothes etc from my house. Again without informing me.
I also want to mention that same story in identical way has been played out by her elder sister and her CrPC is going on since last 3 yrs.
My problem is that she is the one who has driven me to this point of no return in our marriage and clearly her parents and siblings are also after easy money and I do not wish to live with her anymore.
I have not filed for divorce as I know that they want me to file for it and do have the plan to counter it through CrPC 125 and IPC 498A.
I want to know that since marriage is never consummated can I file for divorce on those grounds?
My wife and her family has also accused me of being impotent but reality is that she is the one who never wanted to have relationship initially and now I am just not interested to take the relation forward by consummating it.
In 2009 her parents even took me to a physician to get me medically examined.
I need a frank and fair advice from learned lawyers here.
I stay in Bangalore. My wife's parents live in Mhow (Indore). My parents live in Raipur. My wife when not in Bangalore lives in Mhow and Pune.
Any advice and way to move forward would be highly appreciated.
Regards
