bharat (AX Tech Consultant) 22 August 2017
KS Johal 22 August 2017
Adv Radhika Mehta (Advocate) 22 August 2017
You can a file a Petition for declaring the marriage null and void on the ground of fraud and misrepresentation, which might be difficult to prove unless and until you have proof that your wife was involved in a relationship prior to marriage which is continuing till date, or on the ground of relative impotency of your wife towards you. I und from your descriptttion hereinabove that your case does not attract these provisions but at the same time what happened with you was wrong.
Alternatively, you can file a case for Divorce on the ground of cruelty post November, 2017. The reason that your wife is insisting on you filing a Divorce Petition may be because of parental pressure. Quite possible that no one on your wife's family may be supporting her so not to anger them any further, she is asking you to file so it will be easier for her family to save their face in society. Why dont you openly and freely communicate with your wife?
bharat (AX Tech Consultant) 23 August 2017
Hello Sir,
My initial approach to the issue was to resolve amicably within ourselves. Her being, out of chennai for the first time after marriage I wanted to give some cooling off period to understnad the realities of life and adjust to the lifestyle of Hyderabad. But that does not seemed to work even after 3 months our stay together in the city. Even for most of this time either of our parents were here to support her to this cause.
Regarding the query that if she was involved in any relationship before marriage, I dont have much idea about it as we never discussed on this. She never allowed me to access her phone and laptop. She also did not provide any access to her social media content as well. With very less or ethinically no communication between us, there is no way I could find if she was involved with any other person.
Regarding the point of parental pressure, I have a small evidence of her conversation with her parents that she agreed to them to wait for three months after marriage and before quitting. Do not know if that will suffice.
I tried to reach her several times over phone but she has blocked me in social media and on phone. I do not know her whereabouts in the city as well. She has clearly stated that she does not wish to meet me or any of my family members during our last meet way back in February. Since then, there is no direct communication between her and our family. We tried our best to bring together the family members of our families together in chennai and talk the way out. But she never responded to our request and never came to chennai atleast for discussions.
In relation to the query that her needs were not satisfied, I would like to clarify that, I have rented out an house very close by to both of our offices in hyderabad and furnished it out of my pockets completley. Even in marriage we tried to take part in every expenses. Emotional and physical needs can only be satisfied if the opposite person reciprocates. Ours is an arranged marriage, so we did not have affection towards each other at the start , it had to be developed over the years, but she shattered all my feeling on the first night of our marraige.
Please suggest what are the legal options available to me and what kind of evidences would be need from our end to support our cause.
Adv Radhika Mehta (Advocate) 23 August 2017
Given your wife's suspicious conduct, it is quite possible that she may be involved with someone. Have you considered hiring a detective to trace her?
The legal options available to you have already been elaborated hereinabove by me i.e. either filing a null and void Petition or a Petition for Divorce on the ground of cruelty after November, 2017. Alternatively, if you want to save your marriage, you can also file a Petition for Restitution of Conjugal rights.