I am the husband. Our marriage was an arranged one and as per every one's will. One person (relative) opposed this marriage. My wife considers him as her mentor and godfather. After marriage this person has created confusions and problems between me and my wife as well as her parents. Wife is in his custody and influence and not responding to any of our requests to respond for an open discussion. When my in laws went to talk to her at his place, he locked the door, inflicted wounds on himself and called the police. The police has filed case against her father on his complaint. Wife supports him and not ready for any mode of conversations. Marriage not consummated even after 11 months due to resistance from wife. How do I get out of this ?
12 answers received from multiple lawyers
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1. The persons seems to be romantically involved with your wife and your wife also is no less involved.
2. To survive your marriage you have to get your wife rid of her ' mentor' else the marital relation will deteriorate further.
3. if your repeated efforts to get your wife back fails then consider to dissolve this marriage preferably through mutual divorce.
Dear Querist
The main question is that What do you want?
You want to live with her or not?
If yes, then file a Restitution of Conjugal Rights u/s 9 of Hindu Marriage Act,1955 before family court.
if not, then file a divorce case against her before family court u/s 13 of Hindu Marriage act, 1955.
Try to settle the matter amicably with the help of the elders, relatives and friends if not possible then fight the case on merit otherwise file mutual consent divorce case.
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1) there is no future in your marriage .
2) she seems to be under influence of her mentor .
3) since marriage has not been consummated for 11 months file for divorce on expiry of 1 year from date of marriage on grounds of mental cruelty
4) it is well settled law that refusal to have sex amounts to mental cruelty
Hi
Your wife seems to be forced to marry by her family.
You can file a nullity petition on non consumation ground. Within one year
In case you are filing the petition after one year of marriage cruelty ground file divorce
1. If your wife is so depended on her mentor, why did she marry you?
2. However, it appears that she is involved with him,
3. You can teach him a very good lesson by lodging a police complant against him alleging adultery for which he will surely be arrested,
4. After that you decided what do you want with this strange marriage of yours where wife prefers to stay with other man,
5. If you want to terminate this relationship, file a divorce suit after one year of marriage on the ground of cruelty/adultery,
6. It will be easy for you to get the decree of divorce.
Hi, it is better file a divorce on the ground of cruelty as refuse to have sex is also amount to cruelty and if the marriage is not completed one year you have to wait one year and thereafter you have to file a petition for divorce.
Madame, Sirs, Thank you for you kind responses. My apologies in keeping things vague. I was sceptical as one lawyer had earlier brushed me aside over the phone when I explained things to him, saying that either I was withholding information or this case is too impractical. Let me give you the details as concise as possible. We ( myself, my wife, her parents and this "mentor-uncle") are engineers working in the UAE. We both got married in Kerala. This uncle has an autistic child. His wife is in Kerala for almost 3 years looking after the kid. He has previously wrecked the engagement of another female (aged 33, cousin to my wife, who never married again) and they are living together in Dubai. He is eccentric. Has ego issues with her parents (especially her dad). He but has strong bond with my wife as it was he who helped her with her studies and motivated her towards academic as well as professional success. Her parents have given up hope on her now and has promised to support me for the cause of divorce. The uncle is deliberately filing framed cases against her dad and cousin's wife. He has made it clear more cases will follow in the future. Now my questions are : 1) I have mails asking for her response and availability to talk. Which she declined. Is that proof enough for proving or validating the case for mental torture? 2) She has 2 Masters in Electrical Engineering and is well off professionally. Do I have to pay for maintenance in this case ? 3) There are deliberate efforts to wreck my marriage by this uncle. How can I sue him? He is the sole reason for this marriage failure. Also as I mentioned one other marriage failure more. 4) I suspect there won't be a mutual consent for divorce. They find happiness in mentally torturing me and her parents. Therefore the divorce process can be prolonged. Also availability from here is an issue. Can the marriage be nullified on grounds on non availability of the wife for hearing? 5) There is no records as such with me to prove that we had consulted gynaecologist to aid us to consummate. All the medical reports are in her possession. How do I prove that in the court that she refuses to have sex? They are already in the habit of framing cases. They could just put any false blame on me otherwise. 6) Even if the parents support me , can she push towards me case of dowry? ( I have neither demanded nor received anything in that form. All the gold she got is in their locker. The quantity as well as location is oblivious to me.) 7) Is it possible to conduct the whole process of filing and hearing in UAE itself ?
1. Yes, mails are valid proof in court.
2. No, not at all but do keep her professional and financial standings handy in case she withholds such information.
3. No action in court lies against him.
4. Nullity is very hard to prove more so if you go for such thing on non -consummation of marriage which is factually and medically very hard to prove. I would advise to file suit for divorce.
5. That is why I advise to go for divorce than nullity.
6. This is a likelihood but there is nothing to panic. Such cases hardly gets proved and loses it sheen once you get bail which i not hard either to obtain.
7. No , in India only.
1. The marriage seems to be dead for all practical reasons. A wife who can shun the house of her husband for another man whom he claims to be her mentor, shows an absolute disregard for the institution of marriage.
2. Since the marriage ha snot been consummated you can proceed to file for divorce or annulment of marriage.
3. You have the right to file a criminal case for adultery against the purported godfather of your. He can be imprisoned for up to 5 years if held guilty by the court.
1) mails are admissible in evidence .
2) wife will not be entitled to maintenance as she is highly qualified and working
3) dont sue uncle . it is your wife who refuses to consummate marriage . your cause of action is against wife not uncle
4) if wife refuses to attend court inspite of summons you can get exparte divorce
5) wait for one month then file for divorce on grounds of mental cruelty
6) wife is at liberty to file case for dowry harassment but it is difficult to prove
7) file for divorce in india as marriage has been solemnised in india under HMA
1. The emails, subject to their content, can be sued as evidence in a court of law.
2. Considering her academic qualifications and prosperous employment you are not liable to pay a single penny to her.
3. Gone are the days when divorce cases ran for 15-20 years. In Delhi a divorce case takes 1-1.5 years on an average to be decided by the court. In other states the time is certainly more, but the difference is not huge.
4. You have the right to unilaterally file for divorce on the ground of cruelty in addition to annulment if she refuses mutual divorce, albeit nullity is always very difficult to prove as she will refuse to go for a medical test.
5. If she does not appear to contest the case the court would grant you divorce. Courts do not wait till perpetuity for the opposite side to appear.
6. She can certainly file dowry charges against you and your family members as anti dowry laws in India are used as a potent weapon by wives to harass husbands. If and when she proceeds to file the case you should immediately seek anticipatory bail.
7. The case can be filed only in India. UAE courts cannot grant you divorce in the circumstances narrated by you.
1. Some how i feel that complete facts have not yet been provided by you about your case. The CAUSE for the EFFECT of your case is not understood. Is he a mentor only? Do they have any romantic relationship? Why should a mentor spoil the life of his mentee unless he has his own axe to grind? You are strangely silient on this subject inspite of my suggesting you to lodge a complaint for adultery against him to teach him a good lesson. However, emails are valid evidence accepted by Indian Courts,
2. You can file a divorce suit after completion of one year of marriage before Indian court & you are not likely to pay maintenance since she is working,
3. You can not sue him for wrecking your marriage. You can sue him for having physical relationship with your wife for which your marriage has been wrecked,
4. I am unable to understand why & how you all are afraid of one man's filing of false cases against you,
5. I also fail to understand, why your wife will not agree for MCDE when she does not want to leave her mentor's house,
6. However, file a divorce suit at youe place of wedding after completion of one year of marriage on the ground of cruelty.
On the ground that marriage was not consummated even after 11 months due to resistance from wife itself. But,you should wait at least one year to file case in this regard.
Thanking you,
