@ Author,
1. Since the marriage is 6 months old the best available option is apply for "nullity of Also marriage". By the time she makes her first appearance read with summoning order and its return further read with next date of hearing another 6 months would be over (assumingly).
2. If this suit matter is before Family Court (established under Family Court Act, 1984) then reconciliation proceedings are a must. There both of you can seek remedy to convert suit matter into that of Mutual Consent Divorce citing non-consummation of marriage and elapsed time and thus irretrievable breakdown in trust in marriage. The counselor will raise hands hearing the joint appeal and send the file back with above observations.
3. Now your side shall file Application under O23 / R 3 Civil Procedure Code to take leave of the court to withdraw nullity suit and allow parties to file MCD petition.
4. In MCD petition give slight reference to non - consummation and thus of marriage and elapsed time and thus irretrievable breakdown in trust in marriage hence parties without any collusion, duress and or fraud seeking relief under MCD.
5. The disadvantage under pure nullity is that your wife may not appear in witness box other than plain filing affidavit of admitting facts which then will convert into ex-party proceedings. The advantage under nullity filing is that if any enquiry next prospective bride/groom seeks on previous grounds for divorce of either of you then "non-consummation" would writ large and is more or less socially acceptable to accept him/her for re-marriage is what society believes. You see these things matter to woman more to man in re-marriages - that is why we read "innocent divorcee" words in matrimonial coloumns (brides side mention this more than groom side)!
6. The advantage filing nullity first and abandonment of claim and seeking leave to file MCD is that wife will make appearance through process direction for reconciliation on record and via reconciliation the finding would be to consider giving leave to parties to file MCD. Later on she cannot claim appeal that she was forced to accept non-consummation of marriage in higher forum. The disadvantage in MCD is that the final Judgment would say as per the wishes of the parties due to irretrievable breakdown in their marriage and after due enquiry by the court the court is granting them divorce via mutual consent and not much as mention would be there for non-consummation which is what next prospective bride/groom look into previous divorce as checking on a divorcee.
Illustration:
I will give a very blunt practical illustration drawing parallel to say few S. 498a IPC acquittal cases. There people say due to lack of evidences and or witnesses the lady could not prove her complaint case thus the husband got acquittal. Later same couple goes for MCD and dissolve their marriage. End of facts - Right
Now post divorce if the husband offers himself to marriage market for his re-marriage then what some of the husband do before is that the moment they make their wife mind for MCD they give some boyish lollipop to their wife and ask her to come to witness box in S. 498a IPC complaint matter and ask her to make a statement say such as; "The complaint case was false and or I don’t have evidences to establish my complaint case and or was under pressure to file the complaint case" something like that a statement she gives before Magistrate Court, result is that the boy gets acquittal based on her statement as observation in Order sheet of Magistrate Court on grounds the case of S. 498a IPC was acquitted!
Now suppose the boy was in advance relationship stage with a girlfriend during S. 498a IPC and other cases and her family was not agreeing for accepting the boy as their Son-In Law then based on above acquittal Order his re-marriage chances shoots up because prospective bride family will definitely ask him to show reason for acquittal and the reason shown is that "his ex wife falsely implicated him and thus he got acquittal". All sympathy goes to him now J
People may ask me cannot now ex-wife be penalized, I say now which husband who has got acquittal and later divorce and got re-married would like to see face of Court again and what incentive he gets to see his ex-wife behind bars when he is in the process of enjoying his next ras-malai! Some may even ask does not court punish his ex-wife to file false cases – I say we have yet to see one such case which sue-motto any court has taken J
Think aloud now "how certain wordings in final Judgment especially in civil cases such as divorce makes remarriage chances of ex spouse shoot up in marriage market" and now collaborate what I said on the process flow and wordings in above para 1 – 6 re-reading them in silence.
Coming back to your specifics I am aware as per your own wordings in one previous query you have no plans for re-marriage, further she already has a spare tyre as in a boy friend which you said in one of your old post which you are aware of so sum -total think of her future PLANS than your no plans! Give her a faster clean chit on social acceptable grounds J
I feel, you already have been given number of options. It is about time you seek services of an advocate now that in 2 days she has agreed for MCD ! In my opinion you are confusing your wife with too much information flowing.
