• Wife against husband and her parents under influence of relative

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 ?
Asked 2 years ago in Family Law from United Arab Emirates
Religion: Hindu
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.
Devajyoti Barman
Advocate, Kolkata
5176 Answers
54 Consultations
4.9 on 5.0
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.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
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
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
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.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
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.
Devajyoti Barman
Advocate, Kolkata
5176 Answers
54 Consultations
4.9 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
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,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0

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