sanket salgaonkar (home) 10 February 2014

No marital relation after 15 days of marrage for 3 years

Hi...

We are Facing marriage issues with my Brother in low life.

The senario is both were divorced and got married in the year 2009. But after 20 days she refused to stay with family on pretext of having job in other city. she only visits of on weekend only to collet his belonging. after few months she stoped to even visit also. Mean while they didnt have any marital relations between them.

We have already tried to settle this matter mutualy, but her family memebers are also not with her. they abondon her due to her behaviour. we have also send her one notice for which she didnt reply.

Now we wand to get rid of her. i am very much worried about my brother in lows life. my question here are....

1) Can we seek Divorce as consumnated marriage. because this cant be treated as marriage. she has not perform her duties.

2) can she claim alimoney or share in property.

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8 Replies

PRADEEP KUMAR MISHRA (LAW OFFICER) 10 February 2014

Yes, there can be divorce. But, to save yourself from the maintenance you have to prove that her income is more than that of yours.

PRADEEP KUMAR MISHRA (LAW OFFICER) 10 February 2014

Better you consult a Family Law Lawyer for further guidance.

sanket salgaonkar (home) 10 February 2014

Thanks for your reply.

Can we file Divorce under nullity of Divorce. Because she has not performed her Duties as per Hindu Marriage act.

Hardik Mehta (Family Counsellor) 10 February 2014

There is nothing called as nullity of divorce. Nullity and divorce are 2 different decrees. The husband has to apply for the divorce on the grounds of desertion.

S.QAISAR ALI ADV. (Advocate) 10 February 2014

you can file a divorce case in the court,as she does not want relations with you.engage some local lawyer for assistance.

PRADEEP KUMAR MISHRA (LAW OFFICER) 12 February 2014

it is not nullity of divorce. It is nullity of marriage. In this case as the marriage has been consummated, howsoever short the period may be, nullity of marriage is not sustainable. But the divorce can be sought for on the grounds of desertion, cruelty, and irretrievable breakdown of marriage.

The maintenance may not be granted by the court if the desertion for such a long period is proved. But finally it all depend on the property status of the husband and wife.

Samir N (General Queries) (Business) 14 February 2014

The facts of your case, if proven, will make it very easy for your brother to get a divorce. Get a good advocate.

unfortunate victim (owner) 14 February 2014

I think you must check reason for her previous marriage divorce.Is she mentally stable?You can apply for nullity of marriage under section12 and imoptancy of wife and non consumption of marriage.Please check the reason of previous marriage secretely