I am the sufferer, and there is 498a case file against my parents and me.
With latest information in the case, my wife has stated in front of the Judge, "I had stopped my husband to consummate the marriage(regarding physical intercourse) as i) he had taken alcohol, ii) offered her alcohol( (ii) this part is missing in FIR)
She has also filed a case of maintenance.
Case History:
i) Marriage Date : 15 June 2009
ii) She came to my house : 16 June 2009
Truth part(as I am explaining it to you): Sex happened, first day, but during intercourse she uttered an anoymous name, and later she explained everything(as I asked diplomatically, in Filmy style) about the name and past(or you may say present) relationship with the guy she mentioned. Funny, but she dedicated the night to his name. And tried to get my consent that he will be visiting my house as a friend of her. That I denied. And she is in revenging mode. Will never come to me. It is almost 2 years. We always said that we were ready to keep her(can't say NO, as cruelty for Dowry would be proved, as she mentioned in FIR that she was thrown away from my house, Fact: Now, we don't her to be part of my family )
iii) I moved from my native place to other city where I was working: 26 June 2009
iv) She with my parents went to my village for a marriage celebration: 28 June 2009
v) She returned with my parent on 30 June 2009
vi) She left my home with her parent on 5 July 2009
vii) Filed a 498a case and asking for Rs. 7-8 Lac
viii) We got bail from Hon'ble High Court stating that "the case has been given the color of crime".
ix) We are living apart since 26 June 2009
Questions:
I. Now, what should I say during my statement in front of the Judge, I've consummated the marriage or not?
II. What if the wife says, "Marriage is not consummated as she refused to have s*x with her husband as he was in alcohol and offered the same. Even for next 4-5 days she refused to have the same as they were asking for more dowry and car"
(Funny part, if she is saying I was in alcohol she doesn't have to prove it, and if I say I was not, I'll have to prove it, Is it so?)
Can this marriage be considered voidable or void under Hindu Marriage Act?
Please help me to get rid of this foolish
III. a) If not voidable, or void, is it an enough ground of divorce as I am facing the cruelty?
b) if yes, would maintenance/alimony increase if I am asking for divorce for any reason?
Your help can save a man and his family's life. Please have mercy on man.
Regards,
Shiv
