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Msk-need -nuetral- laws (self)     22 November 2012

Divorce pettiton on non consumated marriage and 498a

 

 

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



Learning

 7 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     23 November 2012

Dear Querist

no need to worry about it, first of all tell me one thing, in which section you have filed the divorce petition before the court?

secondly when you filed the petition and what is current status of the proceeding?

feel free to call

Goutam Prasad (Advocate)     23 November 2012

In case of non-consumation of marriage technically, you could have approached court for anullment of marriage under section 11 and not for divorce under section 13.

Non consumation can be proved through medical, if she is virgin. Otherwise many a times it becomes difficult to prove.

Her wilful desertion can be proved by e.mails, but it depends on number of other factors and your intelligent presentation. It will be better to have good advocate with you.

In case she files any false 498A case, you can also file counter case as dowry is prohibited both ways. She may also file for maintenance and with claims of your income more than what you do have. In that situation, you can file application for purjury under section 340 of Cr. P. C.

https://www.aegisjurist.com

https://www.facebook.com/aegisjurist

Msk-need -nuetral- laws (self)     23 November 2012

Dear Sir,

thank you very much for the response. as my lawyer said that proving non-consumation is difficult unless she agrees

in person, the pettition was contested on the fact of wilful desertion. Along with that allegation was made in pettition about her malicious intention of threatening for false dowry case and DV act. the main contention is desertion.

Your input to my questions will be greatly apprecaiated.

regards

Mani

Msk-need -nuetral- laws (self)     23 November 2012

dear goutam sir,

We filed under sec 13 as we are not sure how the medical result will be inspite the fact that we never consumated the marriage. my lawyer is one of the person from men protection rights against 498a in chennai. he is very generous.

she did not file any complaints in police on 498a , she only alleged to my RCR notice to commisioner. we had filed the allegation along with divorce pettition. under CrPc 182 false information to public official is also punishable, is n't it/? She cannot file on 498a as her family did not even spare one rupee.  she is empoyed in bank as JMG-I. her counter will be on the lines that i deserted her to USA for demand of jewellary from her and I was fighting with her suspecting her, which were not true as stayed from day one in her home, Only as a protective measure i filed immediate to her response to my RCR.

regards

mani

Msk-need -nuetral- laws (self)     23 November 2012

Dear Nadeem sir,

She was continously absent for 5 times for my pettition after first failed counselling and she came exactly on exparte date. judge provided 10 more days for her counter-file. waiting for it on this coming 28th

Sure there will be dowry complaint and harassment fact in counter for which by no means she can produce evidence as there were no  such talks or incidents. It is false allegation to knee down me for compensation.

If she counet in such manner, and she cannot provide evidence, what will be the rule? Will it be considered merely lack of evidence or false complaint? If false complaint I am planning to sue her under  CrPC 182 but taht is post my current pettition.

She is devil sir, she was talking to her lawyer to make me vulnerable to DV for which lawyer was nodding to her. They did not realise that i was standing other side of the column.. i am  not intimidiated by such things standing tall with smile to respond.

regards

mani

ANAMIKA VICHARE (LAWYER)     24 November 2012

Dear Mr. Mani

your case is under s.13 or 12, please refer to the case law Vinita saxena V/s Pankaj Pandit Supreme court has ruled out whether non-consummation or cruelty, the result is divorce, inadvertently you have not taken the plea of non-consummation i.e. prayer decree of nullity, you can file amendment for the same.   However, in the light of this case law, you can win the case as you have got documentary proof emailsx they are sufficient, medical test would prove futile, do not insist for the same, if she has physical relations from some other person.... non-consummatiion need not be proved by medical, can be proved by your pleadings and documentary proofs... The court has to believe your version. and when the Court believes your version when it feels that it is true...... So.....

anamika_vichare@rediffmail.com

for futher queries

practising lawyer from Family Courts, Bandra, Thane, High Court, Sessions And MM Courts

Msk-need -nuetral- laws (self)     28 November 2012

Dear Anamika,

Thank you very much for yoru response.  Much appreciated, I was waiting for counter from my wife to my pettiton.Today she came with application to court seeking setting aside the exparte evidence and judge asked me whether that is Ok for me.Not knowing what to say, I said i had to speak with my lawyer and came off the court and next apperance is on 15/12. I am waiting for atleast one instance where she can orally agree in court that the marriage is not consumated , subsequently filing amendment to annulling it later stage.

Thanks

MS


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