• Mutual concerns divorce

I married on March 2016 by Hindu mythology. Me and my wife is govt job holder . I m in Bihar and she is in Delhi. After elapsing of one month of marriage , she was denying me, any type of physical or sexual relationship. In the later month , she also deny the sex. In the month of nov she alleges me impotent. And despite there or there family support ,I checkup my self and give the report, mentioning not any type of impotency. But her as well her family without any giving proper reason regular allege me ,about my impotency. 
I forced her to give divorce ,to,me if they are not able to listen or at least solve the problem .
At initial stage they deny me any type of divorce to me. Now one of her uncle come and called my father ,that she is ready for divorce but whatever be given in marriage should be return. But after that,, there family did not give any response,how the agreement will take place . .

My questions are.

1. Despite she is educated , why she is not trying to understand the things ? She is regularly deny to contact any doctor.. despite my several request ,she and her family don't interested to go to doctor at least for my checkup.
I urge her also ,to checkup herself,, but she regularly denies ??
2. Her family is not open about what the divorce procedure they want ? First they tell they want mutual divorce . But they are not agree on any condition , they r forcing there condition.
3. I don't understand the motive behind my wife sudden change of nature ?
4. From nov 2016 onwards , she and her whole family totally boycott us..,they are not eager to keep any kind of contact with us.??

We are very simple in nature ,, after reading so much of divorce case ,online ,we r not able to understand why her family and herself behaving like this ?? Pls guide . Noted that there (my wife) family claming that there are very educated and respected in society.
Asked 7 years ago in Family Law
Religion: Hindu

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5 Answers

1) you cannot force your wife to undergo medical check up

2) wife considers you as her meal ticket

3) hence does not want divorce by mutual consent

4 ) you can file for divorce on grounds of mental cruelty

5) refusal to have sex amounts to mental cruelty

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

The marriage is broken for sure and any attempt to linger it is not likely to meet with success.

So negotiate with them and try to stretch your budget as this may end your torment and you would get rid of this lady.

I find no other solution.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

1. if you have evidence to prove that your wife have alleged that you are impotent person.

2. if you have such evidence you have to prove divorce case under section 13 of HMA.

3. making false allegation of impotency is an act of cruelty and it is a ground of divorce.

4. if you are a potent person then divorce shall be granted by the court.

5. it is settled law that if divorce is granted on the basis of false allegation then wife cannot claim maintenance either u/s 25 HMA or u/s 125 crpc.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. the conclusion is that your wife does not want to stay with you ad lead a married life.

2. Negotiate with her to jointly file a MCD petition which will be disposed off within 6 & 1/2 months from the date of its filing.

3. There should be no condition for her signing the said MCD petition.

4. If she does not agree for jointly filing the said MCD petition, you shall have to file a divorce petition on the ground of cruelty considering that fact that deserting you with out showing any valid reason and refusing to have physical relationship with you amounts to cruelty as per law.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. She may not be willing to undergo the desire tests or consult a doctor. You cannot force her.

2. You can allow them sufficient chance to come for mutual consent divorce.

If they do not then you may file a contested divorce case on the basis of evidences in our possesion

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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