• Relief from marriage because of non-consummation

I got married in mid of january, 2017. My wife denied sex on the first night stating that she needs some days to get comfortable. The next week, she kept denying on the entire honeymoon. Now, she is living with her parents and denies physical contact whenever she comes once in a month. She wants my entire family to shift from town to Udhampur city, only then she will live like a wife and allow sex. The marriage has not consummated yet and i have the record of all chats and messages regarding that. We are into 5th month.
Asked 8 years ago in Family Law
Religion: Hindu

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14 Answers

1) refusal to have sex amounts to mental cruelty and is ground for divorce

2) file for divorce on expiry of one year of marriage

3) rely upon chat and messages exchanged with wife

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) only in exceptional circumstances can you file for divorce before expiry of one year of marriage

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

3) impotency is spouse inability to have sexual intercourse with other spouse

4) in the present case your wife is not impotent but merely refusing to have sex with you till you shift to her city

5) refusal to have sex amounts to mental cruelty and is ground for divorce

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1.Since there is extreme urgency in your case you can file suit for divorce even now and seek liberty from court to exempt the period of one year bar.

2.The court may or may not waive this one year waiting period.

3.If not thathn after one year your suit will commence.

4Denial of sexis strong ground for divorce.

5.However I would advise you to go for a holiday trip with her and try to find out the reason, if any behind such wierd actions. If there is some reasons it can be sorted out mutually.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

If your wife is refusing to have sexual intercourse with you and the marriage has not been consummated, then you may file a petition to annul the marriage on the grounds of non-consummation of marriage due to her impotency.

Let she appear before court express her opinion or objection to it and contest the case.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Is it necessary to bear all the mental cruelty for one full year? I have full conversation on whatsapp chat where i have asked her again and again about denial of sex and avoidance of visiting our home in town, and she has said again and again that she will not come to town and will live only in city. Shift your family(myself and parents) there, settle and only then she will allow sex.

In my opinion, she is not interested to have sex with you and it may not happen even if you shift your residence to her native town.

Therefore, without waiting any further you may decide to file an annulment case to annul the marriage due to her impotency and refusal to have sexual life with you.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

It depends on your decision to continue or not to continue the marriage anymore.

You should not dance like a puppet to her tunes.

She, as your legally wedded wife has some responsibility to set up your home and to take care of your parents also.

She cannot sit in a remote place and keep dictating terms to run the family as per her choice and desires.

The ball is in your court, you can decide judiciously

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

issue wife legal notice to return to her matrimonial home

2)if wife refuses to return to her matrimonial home file petition for RCR if you want wife to stay with you

3) in alternative if you dont want to stay with wife file for divorce on grounds of mental cruelty

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

These are valid grounds for divorce but the same can only be sought after 1 year of the marriage.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Refuse to pay Rs 25 lakhs

File for divorce on grounds of mental cruelty

3) refusal to have sex amounts to mental cruelty

4) since wife is highly qualified and working she is not entitled to maintenance if there is not substantial differences in your income

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

There is no compulsion on you to pay her alimony if she employed and earning a handsome salary.

Since she has agreed for mutual consent divorce on the terms, you may bargain the amount and settle the issue for a negotiated amount if you feel this as heavy and exorbitant.

No doubt contested divorce may take a few years to get disposes but not such a long period of 5 to 6 years.

There is no hurry in taking a decision to settle this huge amount and also as per law she may not be eligible for this one time settlement of alimony amount.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Mutual divorce is only possible if you two Agree for same conditions. You may negotiate with her on the point of alimony.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If she is not accepting the offer made and is still adamant about her exorbitant demand, you my ask her to proceed through court or police.

If she lodges false complaint with the police, you may first obtain AB for everyone who have been impleaded in the case and then challenge the same before the trial proceedings or can file a quash petition before high court

Dont get frightened about the threats she may pose now, they can be easily tackled when it comes to court.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

No need to bow down to blackmail tactics

2) refuse to pay Rs 25 lakhs demanded by your wife

3) there is no automatic arrest in case false dowry harassment case is filed against you

4) Police would issue notice to record your statement

5) you can then apply for AB

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

A warrant will not be issued directly, you will be first called for mediation.

File a NC in the police station that you are being threatened.

No need to apply for AB at this juncture.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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