I got married 1 year and 3 months back. It was an arranged marriage. But my wife did not allow me to touch her. There was no consummation of marriage. She used to say some reason or pick up some fight so that consummation does not occur. After waiting for one month, I spoke to her parents. To my surprise, instead of speaking to their daughter and trying to find out if there was any problem, they started abusing me. Further, they were not ready to send her to my house; instead they wanted me to stay in their house. When my parents tried to speak to her parents, they acted as though their daughter's behaviour is completely normal and I am not adjusting. My wife also started abusing me in front of my parents. It was very obvious to us that she was not willing to have a marital life with me. So, we gave them a time period of 4 months, during which time if she wishes to live with me, I would happily do so. But neither she nor her parents called or spoke to us in that 4 months. At the end of 4 months, I called up her father and said, 'We are going for divorce'. He too said they are also willing for divorce. Now, after 1 year, I have sent a mutual consent divorce petition to my wife's address. But they are not coming to file the petition. Her father is saying they need another 2 wks. They have been postponing by 2wks for the 4th time now. Clearly they are playing with me. If they don't come for filling, what are my options? I am aware that if I file based on cruelty or non consummation of marriage, the case may go on for years. Kindly guide me.
Just because you anticipate that it'll go on for years, you cannot afford not to file a contested division. In any case, what options you have other than this, incase she isn't ready for mutual division?
Go ahead and file a contested divorce on the ground of non consummation of marriage witholding wasting any further time.
Hello,
If they are not turning up for MCD then there is no option but to file a petition. Maybe they will turn up before the court when they will receive the notice and then the divorce petition can be converted into MCD. So go ahead and file the divorce case.
Regards
Divorce by Mutual Consent is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised in 6 months. However there may be cases where the decision to part may not be a mutual one, and it is only one party who considers the union to be troublesome and worth getting rid off. Such situations lead to Divorce being contested.
It is well established in law that the daily normal wear and tear in matrimonial life does not entitle a spouse to seek divorce. It must be more serious than the ordinary wear and tear of a married life.
The marriage implies an implicit right to conjugality or consortium or Sexual intercourse. Right of consortium implies the corresponding duty of each spouse to cohabit with the other. The mutual right to several intercourse(s) continues throughout the entire period of marital life.
If Non-Consummation of Marriage is on account of Natural Causes - impotency- marriage is treated as void under and 'Decree of Nullity' is prescribed.
However, if 'Non- Consummation' of Marriage is for Non-Natural Causes - willful refusal to consummate marriage, marriage is treated as voidable marriage and Divorce is prescribed.
Section 12 in sub-section (1) lays down that marriage may be voidable and may be annulled on petition of Husband or Wife and Decree of Nullity may be granted if (a) marriage is not consummated owing to impotency. In your case divorce on grounds of mental cruelty is suitable ground. Refusal to have sex amounts to mental cruelty.
So file a case for divorce first and try for mutual consent divorce by using Mediation or Adalath .
If she is not willing to give mutual consent divorce, you have no other option than to file a contested divorce only.
You cannot do anything about the delay in the disposal of divorce case.
You have to undergo the same.
1) you have to file for divorce on grounds of mental cruelty
2) wife refusing to have sex amounts to mental cruelty
3) wife abusing husband amounts to mental cruelty
4)wife refusing to stay with husband amounts to mental cruelty
If I file a divorce petition instead of a mutual consent divorce, when will my wife and me be called for the court hearing? I am worried because I have read that the first court hearing itself may take 2-3 years. Also, once my wife receives my divorce notice, is she bound by law to appear in court or can she continue postponing and playing with me as she is doing now?
Hii, sir if you want to file for mutual divorce then a joint petition by you and your wife needs to be filed,, that can only be filed in the presence of you as well as your wife ( that is why it is termed as mutual divorce ).. In cases of mutual divorce , the divorce is granted within 6 months , after the filing of mutual petition ..2) if she is not willing to file for mutual divorce , file a contested divorce petition on the bases of cruelty and desertion , if she do not appear before court , the court will grant you a ex- parte divorce .. meanwhile if she agree for mutual divorce , you can add a application of it in the contested divorce and can have divorce on mutual bases
1) after divorce petition is numbered your wife would receive notice within period of month or so
2) first court hearing would not take more than 3 months
3) if your wife dies not engage a lawyer or appear in court you would be entitled to exparte decree
4) exparte decree would take around a year or so
5) contested divorce cases take 5 years or so
The first procedure after filing of the petition is to send the notice to other side . The notice was served and called with in 2 months for appearance of parties .Then it is her duty to appear before the court and file objection in your petition .The same time the court insist both of you to meet the counselor available in the court for mandatory for a counselling before start the cases. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it . In a contesting divorce the decree may get with in 3 years or earlier.
1. You both will be required to be personally present in the Court on all the dates/hearings.
2. If your wife does not appears in the Court despite receiving the notice, the Court will proceed in the matter exparte after presuming sufficient service of notice upon her.
No that is not the case, notice will be served upon her on the first date itself wherein a 3 months date will be given. If she keeps on postponing then after a limited period of time the court will proceed to pass an ex parte order.
Regards
On filing a petition for contested divorce, the court will send summons/notice to the wife with time to appear before court within one to two months.
After she appears, she may have to file her counter to the petition filed by you within 60 to 90 days.
Then the court will order for trial proceedings. After which once the petitioner's evidence is closed, the defence evidence will began,
Then the court will hear both the sides arguments and dispose the case.
All these process may take at least two to three years.