dear Advocates and Friends,
This is detail about my divorce pettition in HC.i got married to a woman in April 2010, and after marriage immediately the same day, she forced me to take her to her home,i also went with her. After three days, when our first night was arranged, he cried saying she is not interested in s*x and told me that she wanted to study IAS for next 6 months. i tried convincing her as she was 32 and I was 33 that time to consume married life,but went in vain. She did even come out of her mother home, whenever I went to see her she demanded fromme money, car,flat etc or she said busy in studying for her prelim exam.she did not even cook food for me once. Nearly 45 days the situation was same and i got again assignment in US and had to go. When i called, she refused to come with me, when i requested to go my hometown,to stay with parents for which she refused again.I had to go alone and when I complained to her father, he told and asked me to come after 4 months and he would set everything right by then. I went to Us giving her rs 10000 cheque and rs 3000 in hand and plus 5000 food coupons.
After i reached to US whenever i spoke to her, she says busy going to Institute or studying. On my return again, I asked her by phone to come and join for married life. She said again some reason like i am studying, when I asked then why did you marry, she said on her father insistence, she married. when i asked her for mutual divorce, she replied " you pay 20 lakhs, I will agree".
I went her home, her brother used vulgar words and fought. Again my family tried her number she did not pick the calls.between his father friend who was ex-commisioner started threatening my family. I sent again three mails with all the mentioned instances to her,and to respond to me whether she is interested in continuing married life. She never replied.
Then through my lawyer at my native I sent RCR notification with all problems and asked to her to resume the life. But in turn,she sent notice back to me copying the commisioner of police that,
" I was suspecting her and fighting; On first day of marriage itself I asked her divorce; i persistently demanded jewels and left her US"
Sensing her mind, i moved to HC and filed divorce pettion on oct 2011 (after 1 year and 3 monthsof my marriage) stating all the incidents and non consumation of marriage,her willful desertion and false allegation with aim to frame dowry case to commisioner.
She did not come for 3 consecutive times for court and then came for counselling and in counselling she did not agree to continue the married life.Then after that, again 5 times did not appear in the court and finally judge passed the exparte date, she appeared in exparte date and requested some time. judge gave 10 days time to file counter. (28 th nov 2012). yet to know her counter.
Now i have following questions;
1. regarding nonconsumation, how to prove knowing that it very difficult unless she agrees it before judje
2. On her willful desertion, i have only email evidence that sent to her, will taht be enough?
3. her denial in counselling, would that be counted in judgement?
4. Her continous absence to her court ( only times in 12 dates in one year play any role?
5. is written notification to commisoner by her will be good enough to move against her for false 48a because i never asked any money or jewel,nor they provided anything. in fact marraige expenses was solely borne by me and she in fact holding my jewels for which there is evidence
What are my steps that you will suggest and what I need to do now?Your advice, suggestions will be greatly appreciated, i value it high with high gratitude.
regards,
One more harrassed, no fault husband