Hi,
My marriage has taken place in April 24, 2012. Wife has denied s*xual intercourse with me on the very first night (enough, now sleep - is what she said to me). We went to Goa - she did not respond to my approach of getting physical even there.
I got upset and did not speak with her for a few days when I returned to Bangalore for work while she stayed with my parents back home. And then she went to her place for Rakhi.
However, I was visiting back home, I called her to come to my native so that we coult travel back to Bangalore, together. She did not arrive, only her brother did to speak with me and to say sorry for the humilation THEY caused us on the wedding day.
She never called me until today.
I am no longer interested to continue with her and need a divorce. However, with little knowledge I have, I think Annulment would be a better approach than Divorce (althouth the end results are same, mostly)
My questions:
1. Am I correct in filing an Annulment petiotion? (Benefit for girl would be that she would be announced as a Virgin and will have better options of getting married again)
2. What if she says she has had s*x with me starting from first night? Will the court then / can simply dismiss my case or can I request for medical checks etc.?
3. Being a hindu, we rely on Horoscope match before the wedlock. They had given the gilr's date of birth as 26 October. However, since I was in doubt, I checked her 10th class marks card and the DOB is 25 July. Can I take this also as a ground for separation / annulment?
4. Can they claim DOB in 10th is NOT real and they simply had to use that DOB to get an admission in school etc. (Bear in mind, the marks card that I have is an attested copy of original). Will court accept that anyone could used a false DOB to get admission in school and dismiss my case?
5. I know, she / her familiy might file a false case of DOWRY and / or DV. However, with a fewer calls I have had with her in the past (which I have recorded them all), she has confirmed that NO one in my family has ever caused her any trouble. Will these recordings be of any use and / or will court consider these as proof?
6. I am not sure which court to approac for this case? Family court? High court? Kindly advice which court would I first have to approach? AND, if this court does not do justics / dismisses my petition of Annulment, what other / next level court do I approach to?
7. I do not wish to waste time in to and fro of notice being sent. Hence, is there a way, I could request my lawyer to send a summon directly?
8. Post a summon is sent or at the time of this (summon) is being drafted, could I write to SP, Lady Police Staion etc. (basically, all the possible local authorities) of notifying them of all of the above and this may lead the girl / her family to file a false case against me or my famiily and also provide them with a CD with all the callls recoded being recorded on that CD? What benefit will I gain if I did take this step?
Thanks for your time in reading all of this - and kindly, provide precise information to the best of your knowledge and abilities.
Thanks again!
Thanks and Regads,
Requestor
