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
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 7 years ago in Family Law
Religion: Hindu
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14 Answers
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.
Asked 7 years ago
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
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.
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.
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.
The situation has not changed at all. I am posted away from the city, so can't shift myself until i get transferred. My wife wants me to shift my parent till I am outside. My parents both of whom are 65+ age are living in the town because they know everyone in locality and can expect help when needed. Actually I had given her assurance that I will shift in city when i get transferred. But she is not ready to compromise even for 2-3 years and till i settle her in new house in the city, she has decided to live with her parents and has totally cut-off from us. Marriage has not consummated yet..
Asked 6 years ago
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
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
These are valid grounds for divorce but the same can only be sought after 1 year of the marriage.
Regards
Since a contested divorce takes almost 5-6 years along-with a lot of money and mental stigma attached, everyone was asking to persuade the wife for mutual divorce. Initially she was not ready, but finally she and her family has agreed. Now, she is asking for alimony of 25 lakhs. Both of us are working as govt employees. Do I need to pay any alimony to her especially when it is a mutual divorce?
Asked 5 years ago
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
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.
Mutual divorce is only possible if you two Agree for same conditions. You may negotiate with her on the point of alimony.
Regards
During the negotiations with her lawyer, we could offer upto 10 lakhs but she is not ready to accept anything less than 25 lakhs. Now, she is threatening me and my family that she will file fake cases(dowry, violence etc.) against us. Can a warrant be issued? What are the guidelines in that? What is the procedure followed by court/police when a case is filed under these acts? Should we apply for anticipatory bail?
Asked 5 years ago
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.
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
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