Wife returned home after two days of marriage

File for annulment of marriage under s*xual impotence and cruelty due to denying of s*x for 1 and half years.The facts of the case speak for themselves.No judge will believe that you created so much cruelty within two days of marriage.It is clear that your wife don`t like you,hence left marital home.Alternatively if you wait for 6 more months,you get additional ground of desertion.

As per madras high court judgement you are not married , also you can file for annulment You can also use grounds like desertion cruelty as there is no conjugal relationship and you can also file for rcr But don't file rcr because if she comes back she will take her revenge and file false cases of dv or 498a . Beter go for annulment. I am not a lawyer or expert but a victim So seek guidance of lawyers and experts here or in person but don't sit like a duck . All the best.

What judgement are you talking about can you please post it? what does it state essentially?

 

Its a recent judgement and is in controversey ..look back early this week on the forum and youwill see it Iir check news papers or google . I cannot copy paste as I use a cell. It states that even though a couple is not married but once s*xual relations are there it signifies marriage . My words may not be in tandem but if s*x is absent from marriage then the law sees it as a fit case of annulment. There are lots of judge ments by justice honorable mr dhingra and also by hon.judge roshan dalvi of mumbai hc . You have to search and you eill find lots of judgements. @ kamal if you have any of your wifes belongings hire a kawyer and make a list .give it to the police station and send her a notice 9f the same before filing for annulement as you don't want retaliation with false cases from her. Let experts on th8s forum and lawyers guide you about the lawful and correct procedure.

but you should have good home work.  You try for mutal divorce or hve sufficianet material for refuting dowry demand allegation.

Before approaching the court, try to collect some evidence to substantiate your case else you can't get relief.

1)First forget her and approach a good lawyer near by you then  file a police case on her parents that they forced and did  her daughter to get married to me    so she do not want to stay with me left away marital home after two days.

2)Immediately try to collect some evidence  and prepare your kith and kin  to substantiate your case as you said she lived for two days with you.

3)Don't let her allow to come back  your home otherwise you and your family members may face so many hurdles. if she comes back she will take her revenge and file false cases of dv or 498a.Its simply waste your time and money.

4)Don't waste your time to file a case for annulment of marriage under s*xual impotence and cruelty due to denying of s*x for 1 and half years.

I completely agree with Mr. kamal (Adv)

I'll advice you to simple approach the family court and get your marriage annulled on the ground of refusal of s*x which amounts to mental cruelty. Also, you may not be able to take desertion as a ground under the Hindu Marriage Act if you file the petition before the completion of 2 years, but you may mention her desertion with respect to how it caused you mental cruelty as you were ridiculed amongst your family, friends and neighborhood. You may check out the recent judgment for the same on my website.

 

advocateprashantghai.com

i am agree with Mr. Kamal Opinion

Thanks All for quick reply.

marriage anuulment is one of option suggested me earlier as well.

But the issue with that how I am going to proof she refuses for s*x, during her stay at my home she was not even bothering to talk to me or established even a verbal communication with me (when ever she wanted to say anything to me she just knock the table) so I do not have any proof, she gave me fake emails ( never read ) and phone number which most of time switched off, when I asked her parents to let me talk to her they simply make excuses like she is in bathroom or outside or they are out side and so on.

I do not have any proof of her desertion....except few convesation with her father where I was asking her to send her back.

on filling marriage they will definitely file 498a and others cases on me.

Please dont forget she also made police complains stating me and my family beat her up, asked for dowry, locked her in the room over night...(the reason they toldl me for her desertion and they can not send her as they fear this will happen again)

though they have not done any medical check up of her (my assumtions only).

According to me anulment is not possible as the same must invoked before completion of one year of marriage. Now you say it is almost more than 1.5 years of marriage, so just go ahead and file a restitution of conjugal rights petitions. You will be protected from all sort of threats for your in laws, police complaints etc. Since she does not want to join, she will be compelled to come out with the truth and agree to give you divorce. You can negotiate in this case with them on not giving any alimony, withdrwal of all the allegations and signing of mutual consent.

A Similar case (same situation) was favoured in the case of husband at Thane Court in the matter wife filed case against husband Mr. Anis under 498 but wife claim compensation in Bandra COurt and court granted in wife's favor . The husband filed appeal in the high court challange the said order, the high court increased the maintenance in favour of wife and the SUpreme Court also confirmed high court judgment favoured the wife for increased maintenance.