• What is the procedure to divorce?

Hi, I am married on Jan 23rd,2017. From the first on wards she refused to have sex , telling various reasons like fear,tired etc. My hometown is in Chennai and her hometown is Coimbatore. It happened till Feb 4th 2017. So I called my senior relatives and their relatives to discuss and solve this issue. On that time she told that she was depressed very much , she need to a week time to relax and we agreed and sent her native. From that she never called me or my parents. I am working as a civil engineer in muscat. My return flight is February 18th. She or her family not called any of this duration. March 4th, my wife came and brought all her belongings including jewels and left without saying anything to my parents. my wife's brother marriage was held on march 8th and we were not invited to that marriage.And march 20th, her mother called my mother asking about the visa status of her daughter. My parents told "your daughter is not refused have sex. she told that she is very much depressed & she need a week time. After reaching there she not even called anyone. So till the visa process at least she should stay in Chennai (3 month approx). For that she refused and told my daughter won't come to your house. If visa is ready she will directly come to muscat from Coimbatore. I am the only son in my family and by seeing all this I am very much fed up and I planned to file a divorce. Today from Coimbatore police station , My mother got a call from Lady Sub-Inspector, Telling that my wife has given complaint on me, that I have kicked her out in 6 days. We are not allowing her to come like that. We explained situation fully. But some how in our society people always listen what women tells even though they are wrong. My idea is they are also not willing to live anymore but they want claim money as a compensation. Actually, we are the sufferer here, they have spoiled my life and I am not interested to give that. Kindly give any suggestion that I can get free from this issue. And as I am working in muscat, how often I need to come if I file the case ? Is there any other option for avoiding frequent hearing? All this information given is 100% with gods name.
Asked 7 years ago in Family Law
Religion: Hindu

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11 Answers

1) only in exceptional circumstances can you file for divorce within period of one year of marriage

2) in response to complaint filed by your wife in police station police would issue you notice to record your statement

3) mention that you are willing to stay with wife but she had refused to have sex and consummate the marriage

4) in case FIR is lodged obtain AB from sessions court

5) with court permission you can travel abroad for work purposes

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

There are two ways to legally end a marriage – annulment and divorce. An annulment is a legal procedure which cancels a marriage between a man and a woman. Annulling a marriage is as though it is completely erased – legally, it declares that the marriage never technically existed and was never valid. You have to file a case for nullity of the marriage .It is very different from divorce in that while a divorce dissolves a marriage that has existed, a marriage that is annulled never existed at all. Thus unlike divorce, it is retroactive: an annulled marriage is considered never to have existed.

Annulment or Nullity of marriage means that the marriage has not happened at all. After getting the annulment or nullity decree, the status of the individual is UNMARRIED/SINGLE,

Conditions of the annulment of the marriage are:

a. The marriage has not been consummated ( no sexual relationship has occurred between the husband and wife)

b. It should not have been in the prohibitive relationships (Husband and wife cannot be as brother and sister, like first or second cousin, or through same father and different mother etc., unless accepted by the caste)

c. This marriage should not have happened through fraud or force and without the consent of both the individuals to the marriage.

d. The marriage should not have happened through the concealment of the facts. (like either parties were married before and later divorced, or have a child through previous relationship)

e. The parties of the marriage should not have the contagious disease which cannot be cured within the specified period of 1 year.

f. The parties of marriage should not be impotent or have the disease which can be unable to bear the family.

In your case Inability to Consummate Marriage – either spouse was physically incapable of having sexual relations or impotent during the marriage. - i important.

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

1) registration will not affect your anullment or divorce proceedings

2) you can file for anullment on grounds of impotency of wife . It is difficult to prove impotency

3) wife can take plea that she was ready to consummate the relationship but you refused to have sex

4) better wait for one year and then file for divorce

5) it is for you th take the call whether you are willing to accept wife offer or not of reconciliation

6) wife can seek alimony form you in event you file for divorce

7) contested divorce cases take 5 years to be disposed of

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. In these circumstances you should have filed a petition for restitution of conjugal rights.

2. You are now free to file a petition for dissolution of marriage, but for this you need to wait till 23rd Jan 2018 as Hindu Marriage Act does not permit the filing of a petition for divorce earlier than a year from the date of marriage. However, with the permission of the court the petition can be filed even before a year from marriage, but to succeed in this you have to make out a case of exceptional depravity against her.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Lodge a police complaint stating that your wife has left your house of her own and not blackmailing you with the demand for registering a gift deed conveying the house of your parents in her name as otherwise she will lodge 498A complaint against your all the family members.

2. Let your mother also file a DV case against her alleging physical assault on her by your wife for refusing to write the house property in her name.

3. After that execute a POA in favour of some one in India to attend to any case if filed by your wife against you and then leave for Muscat.

4. File a divorce suit after completing one year of marriage on the ground of cruelty since refusing to have s*x by wife/husband is also treated as cruel act on their parts.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Dear Querist

My opinion on your queries are as under:-

1. I registered my marriage .Will it be any issue for annulment of divorce?

Opinion: The marriage can not be annulled on the ground mentioned by you until and unless you proved it that she is impotent and due to her impotency she refused to have sex with you as per section 12 of Hindu marriage Act-1955.

2. Now, my question is as suggested if I am applying for annulment or divorce, what if she says I am the one who refused to have sex like that.

Opinion: As above.

3. In case of annulment, I think I need to prove that my wife is impotent. Just in case what if she is not impotent but she is not interested to have sex.

Opinion: refusal of sex is also cruelty and you may file a divorce case against her before the family court of area where both of you were residing u/s 13(1)(ia) of Hindu marriage Act-1955 after completion of one year from the date of marriage.

4. In the above scenario, if annulment is not possible do I need to wait for 1 year to file a divorce?

And what if they repeated torture like giving compliant again and again.

Opinion: Yes, you have to wait, immediately file a complaint cum information against her before the police or court for her harassment and extortion of money if any.

5. Or, what if she says like that I made a mistake, forget the past & now I want to live with you like that. As far as my judgment, she and her family is very cruel. I believe even she accepts to stay after this, she won’t be normal. So I don’t want to live with her anymore.

Opinion: No, need to accept her version or mistakes, fight the case on merit.

6. And what if she says that she is willing to live and I am the one who don’t want to live. So I need to give compensation like that. They have given a complaint just because I want to initiate the divorce move. Honestly, I don’t want to give money. Me and my family facing lot of mental stress & troubles because of them. So how to get rid of the compensation or what will be the least approximate amount I need to pay? (All the belongings, things, jewels, everything she took it her home already.) Marriage expense is done by the bride side. (Approx cost: 3 lacs( marriage hall, food ,transport etc)

Opinion: try to settled the matter amicably and if they demand reasonable amount which you are also agreed then settled the matter and file mutual consent divorce petition U/s13B of Hindu Marriage Act-1955.

7. My age is 27 & her age is 25. So how long the case will run approximately.

If contested case, then it may take more then 2-3 years.

8. What is the best approach to come out from this issue?

Opinion: Mutually settlement with the help of lawyer, friends, relatives and marriage counselor or mediation.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Actually, we are the sufferer here, they have spoiled my life and I am not interested to give that. Kindly give any suggestion that I can get free from this issue. And as I am working in muscat, how often I need to come if I file the case ? Is there any other option for avoiding frequent hearing? All this information given is 100% with gods name.

This will be too early to file a divorce case.

You have to wait for one year period for filing divorce from the date of marriage.

You can file divorce on the grounds of cruelty, non-consummation of marriage and desertion.

If the women police again calls up your mother, let the police be informed that you people are ready and willing to accept her in your home provided she has to return to the matrimonial home because it was she who had left the house on her own and her brother who took her away from the house is the living witness to the incidence.

Dont be frightened by the call from police.

You can also give a police complaint against her and her mother, brother and other relatives in the local police station that these people frequently call and threaten over phone demanding huge money or else to face dire consequences.

You may wait for another three months and can file a petition seeking to annul the marriage on the grounds of non-consummation of marriage and her refusal to consummate the marriage.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

1. I registered my marriage .Will it be any issue for annulment of divorce?

Whether registered or not, a petition seeking annulment of marriage may be filed for the reason that the marriage was not consummated due to her refusal.

2. Now, my question is as suggested if I am applying for annulment or divorce, what if she says I am the one who refused to have sex like that.

You dont guess her response or answer to your problem, let she first respond with her own story, you can challenge the same after that.

3. In case of annulment, I think I need to prove that my wife is impotent. Just in case what if she is not impotent but she is not interested to have sex

She may be subjected to undergo medical examination, if she refuses to undergo the same then the court will conclude on the basis of the situation and circumstances. There are different kinds of impotency, including not interested in sex

4. In the above scenario, if annulment is not possible do I need to wait for 1 year to file a divorce?

Yes, you can file a divorce petition on the grounds of cruelty on the support of non-consummation of marriage reasons already pleaded in the annulment petition.

And what if they repeated torture like giving compliant again and again.

You have to challenge them as they emerge.

5. Or, what if she says like that I made a mistake, forget the past & now I want to live with you like that. As far as my judgment, she and her family is very cruel. I believe even she accepts to stay after this, she won’t be normal. So I don’t want to live with her anymore.

You can decide based on the circumstances you are pushed to at that time.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

1) engage detective agency to gather evidence of wife employment

2) amount of maintenance depends upon your income , wife income , standard of lifestyle

3) if there is substantial difference in your income court would award your wife maintenance

4) wait for expiry of period of one year of marriage then file for divorce . Refusal to have sex amounts to mental cruelty

5) you can file for anullment on grounds of impotency of wife but it is difficult to prove

6). contested divorce cases take 5 years to be disposed of

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1.Now I came to know she is working in IT firm again and I am guessing she is withdrawing her salary around Rs.20K -25K. But I don’t have any proof. So how do I get the details that she is working? Is there any idea?

This question will arise only when she files a maintenance case against you in the court either under scion 125 cr.p.c. or in a domestic violence case or in the divorce case that you may file seeking to dissolve the marriage.

From where did you get the information of her employment, you can try from that source itself about her details so that you can file a petition before court to summon her employment details and salary particulars when you are required to prove her employment and salary income to repudiate her maintenance claim.

2. Since I am working in abroad after all my expenses I am sending money to family maintenance of 25K-30K per month. I have bank records for that. Is it enough for court? It is difficult but I can try to get to show my abroad local bank account of salary deposit.

You dont worry about proving your income. It becomes her duty to prove your income to the satisfaction of court in order to claim maintenance.

3.She has done M.Sc computer science and B.E civil engineer. So now how much will be the alimony or the maintenance? Just an idea I am asking. We don’t have any of her belongings.

The alimony aspect will not depend on the education background but it will be decided on the substantial proof of the income of the person from whom this maintenance is claimed. You can prepare a defence on the basis of her educational qualification and employment or salary income when she applies for maintenance. It will be too early to think about all these even before she has any idea to file one.

4.Since the FIR is not filed, would the police statement will be helpful in the court? Will it be considered?

For what purpose are you going to use this statement given before court. She has already withdrawn her complaint, then where is the statement available?

5.Is there any chance that I can file early before one year like annulment. She accepted to the police & lawyer that she refused for sex. But nothing in written.

If your marriage was not consummated then you can file a petition for annulment of your marriage on the same grounds that she refused to consummate the marriage owing to her impotency.This can be filed within one year from the date of marriage provided she has abandoned the matrimonial house after refusing to consummate the marriage.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

1. Engage a local detective agency assigning the task of collecting photocopy of her salary slip or any such document to prove her employment and salary.

2. If she files any maintenance petition, the Court may direct you to pay her 25% of your net monthly income if you fail to prove that she is earning and is capable of maintaining her own self.

3. As per last week's Supreme Court order, maintenance will be 25% of husband's monthly net earning.

4. Since there is no FIR filed, there will be no 498A case against you. You can use this false statement given by your wife as an act of cruelty in filing the divorce suit against your wife.

5. There is no case of annulment of marriage stands here. You shall have to file a divorce suit on the ground of cruelty to terminate your matrimonial relationship with her.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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