Mutal divorce from impotent husband

Originally posted by : Gowri
Answer to your questions is:
1. If I sign for mutual divorce, can I file a cheating case on him for cheating and betraying me by marrying me, even though he and his family knows he is impotent? 

Ans: Before signing for mutual divorce petition you can lodge cheating case but not after it is signed.

2. How can I get my 20 lakhs cash Dowry back from him when he's refusing to give back the dowry?

Ans : If social pressure (through relatives / parents / friends etc.) fail and your husband / in-laws stick to their stand file a police complaint for criminal breach of trust.

3. Is it possible for me to get my jewellery and cash dowry back from him without filing for a mutual divorce first?

Ans: Mutual divorce and return of stridhan (dowery articles) are two different topics and both have to be dealt separately. 

4. How can I file a case against him for cheating me and hiding the truth that he was impotent ?? He and his family tortured us so much.

Ans: Move appropriate criminal proceeding and petition for divorce annulment of marriage for non-consumation of marriage i.e., your marriage is still incomplete. 

5. Since I am no longer live with him, I email him multiple times, asking him to return a jewellery. But he's reading my email, I get the read receipt. However, he's not responding to my email. So can I produce those emails in court and take his lack of response as him accepting his faults?

Ans: of course you will be required to prove your case before police or court, where you register your complaint.

In the light of aforesaid circumstances law is very much in your favour.

It is better to consult and engage a local prudent lawyer for proper guidance and necessary proceeding.

 Once you file a mutual consent divorce for the same reason it clearly indicates that you have condoned it hence no question of cheating you, moreover even if knew that he had the defects, it may not be an act of cheating.

Instead, you file an annulment case to declare the marriage as null and void owing to his impotency and also file criminal case for dowry harrasment and return of your dowry amount and jewels and also DV case against him and his parents.

Hello Sire,

Thank you.

For my previous question Divorcing my impotent husband, all of you had said that I can file a dowry harassment case against my husband and in laws According to section 398.

My husband and I are living separately in abroad, and my in laws are living in India.

How can I file the complaint against them? Because I am worried that my in laws may abscond to another city?

The current city my in laws live in is in Chennai And that too is a rental house. But what can I do if I give a complaint in Chennai, and they abscond to another city? Then how can the police find my in laws in order to recover my dowry cash and jewels?

How can I file a complaint against my NRI husband who is living in Canada? 

Both my husband and my in laws are not responding to my phone calls or my emails. They are completely cut off all ties with me and so there's no way for me to contact them and I do not live with my husband.

Can I file a complaint against my in laws through my lawyer, or do I have to go in person to give the complaint? Or can I do it online?

Please kindly advise me or not as to how I can proceed in recovering my jewels and dowry cash?

You may file complaint to concerned SHO police station on line, through some relative attorney / lawyer. You will have to disclose all facts including the fact that both of you are abroad.

If your in-laws can be served at the known address, let them shift to some other city / country subsequently it becomes easier for police / Court to proceed against accused person.

You have posted numerous questions in one go itself.

It would be appropriate and better to seek professional services of a local prudent lawyer (at your in-laws or parental city).

Hello 

My marriage happens on 10may2023.before my marriage my husband told me you have to be with in laws in Village for 2-3yrs.first time I go on 11th may for 9 days to my sasural after my vidai everything between us was good we have good s*x he was interested towards me he initiates for s*x and after that he was like he has taken medicines to get erection.....he has heart problem....his heart valve size is enlarged so he said those medicines gives side effects to him....so he can't take that medicine... second time they called me in January 2024 said muhurat is not there to call you....when I go it was 2nd vidai my husband didn't came and I go to my sasural there I lived there for 1.5months and he came only for 2 days and behaved so differently he didn't allowed me to touch him... said dont disturb me....3rd time I go in his summer vacation he is a lecturer in cm rise school jabalpur....this time we were together for 25 days ...he came to my room only for 1-2 hrs otherwise he sleeps on different room....when he sleeps together he said you sleep in that corner and i in this corner....we don't get intimate when we try his penis doesn't get erect....I was like ki koi baat nhi....then I go back to my maika and he goes back to his school....and then for 4th time I go on October this time he came on winter vacation for five days...in middle also he came for one to two days... This time he was telling me to sign on mutual divorce....he was making me ready for divorce several times on phone also but I got angry on him.....he said we will say we are tooo different from each other out thought process doesn't match....but I always explain him by saying two opposites attract each other....but he never listens to me....he never calls me I only calls him to save my relationship but he shows me his suicidal video....in that video he was saying about his thought If he does so one no is responsible neither his wife nor his family member or brothers....but he doesn't send me that video...only make me see on his mobile....I said to delete that video he said firstly sign on divorce paper then I will delete....he was saying we live peacefully after divorce.....then I said yes to sign on mutual divorce....this time on winter vacation he gave me more time he came for one hrs in noon also and one to two hrs in night and goes back to his room....when in last January he said you have to come to sign on papers I said we should tell our families he said ki nhi rehna hai saath me....fir toh main nhi consider karunga....sabko bataogi toh fir divorce pakka....i told my family and came back to my maika....they goes to his village and told about his erectile dysfunction problem....and also complaint in police....he beats me one time and abuses me several and has taken dowry of twenty three lakhs and some jewellery stuff.....and after the complain he is saying he will keep wherever my family wants with him also.....but I think from the starting or before marriage he was about to end this relationship within two yrs of time frame....there is a rule couple live seperately for one year and mutual consent se take divorce.....he had a plan and he was executing that......what should I do.....I love him....and i don't know what is good for me...... please suggest......fast reply please.....waiting..... whenever I said I want to come he ignores me... I am also going through the same situation what should I do please reply 🙏🙏

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