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Richa Dwivedi   08 November 2020

Husband is gay

In my 2.5 years of marriage, my husband never had physical relationship with me. Initially he always ignored me giving excuse of health or being occupied with work. Then one day he said he has premature ejaculation problem . Then he said he had erectile dysfunction problem. Doctor gave him viagra 50 mg and he already had viagra of 100 mg. I questioned him if 100 mg is not edfective . How will 50 mg be effective. Then he started saying me impatient and s*x addict. One day i found his laptop and found his mail open . There were more than 500 mails of conversation with gay people. And thise mails were of before marriage.i clicked photographs of 4 mails. Then i found a medicine truvada which is prescribed in USA for prevention of HIV to gay people . I have photograph of that medicine too. I also saw subscripttions in his laptop for gay chat app . I took photograph of that too. I also found appointment card of clinic from where truvada medicine came.I also use to see in his history searches of gay beaches . I also took photograph of history of laptop. I also used to see condoms and lubricants in his bag. I told all this to his family. And initially they supported me saying be patient and his problem will be ok soon. But he started behaving rude with me . Ignoring me and saying u have tried to rruin my image in family. I have all the proofs. I have brought his identity in the notice of his family. While living in USA with him . He used to take alternative month rent from me and also my tax refund amount is with him. And also he took 1500$ twice from my account. In total he has talen 11 lakhs from me. Now he says his erection prob is cured and he doesnt want to live with me because i have ruined his image .But i have all the proofs of him being gay and i want to know how can i proceed in filing cases. I have already filed a complaint against him and police has called him for counselling. Wht should i do further? All my jewellery is in his mothers locker. I want them back and also he is fraud he married knowing his orientation so what cases can i file against him?


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 15 Replies

Dr J C Vashista (Advocate)     08 November 2020

Where are you located ?

File a police complaint for return of Streedhan (jewellary) and other articles under the provisions of Section 406 of the Indian Penal Code, 1860.

Move your area Principal Judge Family Court with a petiton of annulment of marriage on the ground of non-consumation of the marriage.

It would be better to consult and engage a local prudent lawyer for professional guidance and necessary proceeding. 

Richa Dwivedi   08 November 2020

Thanks for the reply Sir.

I am from Raipur,Chhattisgarh 

Marriage is non consummated because he is gay. I have so many proofs for him being gay. Will court or police accept these proofs. 
Also in marriage all the expenses was done by my father and after marriage also while in USA he used to withdraw money from my account and also took every alternate month . In total he took 11 lakh rupees from me after marriage from me. I want to get this back too. 
how can i get everything back?
Yes i will consult advocate here

 

Real Soul.... (LEGAL)     08 November 2020

It is really sad, you have been through much, but there are certain things where you need to used mind instead of emotions. It is better you first recover your jwellery and other things back.If your husband is US then it is really difficult to push him for anything ,but if he is in India then you can for sure file a complaint, against him this is ofcourse a cheating case. Just issue a legal notice and mention everything in that,give your lawyer the full details of items lying with your MIL,FIl,or your husband. Give The detail of your expanditure in your marraige. Meanwhile file an application for maintenance ,You can file a civil suit too. Act wisely as you have showed patience for a lonegr time keep little more and take proper steps. Get a consultation of a good lawyer

P. Venu (Advocate)     08 November 2020

The only option is in seeking divorce and seeking return of all that constitute 'stridhan'.

Richa Dwivedi   08 November 2020

Thanks for the reply sir.

All my jewellery given by my parents and also given bh them are in his mothers locker. I have bills of jewellery as a proof given by my parents. Also all the expenses in marriage was done by my father. And after marriage also he used to take money from me for rent and other expenses. I have proof in the bank statement for the rent s i have paid. Also my tax refund amount is with him. 
he is in India now. So i have filed a complaint against him and police has called him for counselling on 25 th. He didnt appeart for 2 counsellinga before but he informed police that he will appear for third counselling . 
my question is i want all my jewellery and expenses back and also all the money which he took from me after marriage.

Also as he has done fraud by hiding his orientation and marrying me and spoiling my life. He should give me in written that he has done fraud. 
 

what he says is take your jewellery and give divorce and tell people that there was no mutual compatibility but i want to let people know his reality . 
 

I have so many proofs of him being gay. There were so many chats in his gmail where he has done mails and conversation with gay people . I have photogarphs of the mails . Also he had subscripttion for gay apps. His medicine which is being prescribed to gay people. His google history search where he has searched for gay beaches. Doctors card from lgbt card. 
 

Dr J C Vashista (Advocate)     08 November 2020

As I have already stated consult and engage a local prudent lawyer and move to Family Court for "annulment" of marriage but not for "divorce" with criminal case(s) in your home town.

Richa Dwivedi   08 November 2020

Thanks for the reply Sir. Yes i will engage a lawyer. Pls make me understand what is the benefit of Annulment without getting divorce? 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     08 November 2020

There are two ways to legally end a marriage—annulment and divorce.An annulment is a legal procedure that cancels a marriage. An annulled marriage is erased from a legal perspective, and it declares that the marriage never technically existed and was never valid.

Richa Dwivedi   08 November 2020

Thanks for the reply Sir and also mking me understand. Does that also mean after annulment there is no need for divorce? And also pls let me know what will be the cases filed in such situation ?

 

Adv Vinay Mathur + 8447131770 (Advocate)     08 November 2020

You should file your divorce case within one year of discovery of facts.

Richa Dwivedi   08 November 2020

Thanks for the reply Sir. After marriage i went to US to live with him there i discovered all the facts. And if i would have taken any action from there he would have never come here. So i kept quiet. Now when we returned India , i have filed a complaint against him. 

Dr J C Vashista (Advocate)     09 November 2020

Originally posted by : Richa Dwivedi
Thanks for the reply Sir. Yes i will engage a lawyer. Pls make me understand what is the benefit of Annulment without getting divorce? 

Annulment of marriage is that you were never married in the instant case, whereas in case of divorce you have accepted that it was a valid marriage and you want it to be dissolved by a decree of the Court, which shall put a tag of "divorcee" on both of you and it will (definetly) affect your future marriage proposal/ adjustment in married life.

Richa Dwivedi   09 November 2020

Thanks for the reply sir and making me understand.

 

Dr J C Vashista (Advocate)     09 November 2020

By the way Ms. Richa what had you been doing for the last 2 1/2 years with gay husband, which you could make out on the first instance as well as behaviour of your husband supported by his parents ?


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