• Marriage not consummated

I get married on 3 feb 2017, after the marriage she refuses to get into the sexual relationship with me i took her to mussoorie for 4 days and every time i asked she denied as she is now now interested in it and said wait for some time and when she settle down she will do it. i never enforced her as she is my wife and i respect her feelings. she had there exams in between march and april, so her brother came to take her and she leaves on 4 march 2017 to her parental home in deoria.

after her exams end up on 22nd april we planned to take her back to my home dehradun. i reached her home on 2nd may and our train is on 5th may we boarded the train from gorakhpur to saharanpur. When the train reached in Moradabad on 6th may she has gone missing from the train when i am taking a nap on my birth i searched her and informed the train staff but she had not found in the train one of the passenger in the train told me that may be he saw her and she left the train on najibabad outer. i informed the TTE and he in formed the GRP in najibabad but she was not found i informed my family and her family too. 

Me and my family reached najibabad in 6th may and informed the police and tellsthe incident and filed FIR on 7th may and search her for two days and on 9th her father reached in najibabad. on 10th may in the noon a call came to her father saying of her daughter saying i am ok and i am with a boy and i am happy with him and live with him dont search me. i will meet you after some time i am at delhi. when the number was tracked her location was on gorakhpur. her father said i will took it from here you all can go home i will tell you every thing in the phone. on 11th he called and said her daughter was found and taking back her to there home.

as we are so touched from the incident and don't want to take her back and told the family of her that let her be with the person she is gone with. the family denied about the boy and don't want to talk about the incident and said please take our daughter back and think about it. but after a long thinking we finaled our decision tell her family its never gonna happen.

After that her family filed a suit on us in sec12. sec125. and 498. in dec
498 can not be filed till now because of the supreme court decision, and there application is in mahila thana. 

i want to ask:-
what steps i can take to take the divorce
and every thing as you can suggest me to do or i have to do
Asked 4 years ago in Family Law
Religion: Hindu

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17 Answers


First thing that a divorce can not be filed before one year of the marriage.

As of now you can file a suit for judicial separation.

take out the coy of the missing FIR and file a case of divorce later on the ground of mental cruelty.

Also, on the basis of the FIr lodged by you, file an application for dismissal in all the cases filed by her.

You can file the divorce case in Deharadun, and also the judicial separation in Dehradun.


Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1)you can file for divorce on grounds of mental cruelty and adultery on expiry of one year of marriage

2) wife refusing to have sex amounts to mental cruelty

3)wife having extra martial affair amounts to mental cruelty

4) engage a detective agency and gather evidence of her extra marital affair

5) wife guilty of adultery is not entitled to any maintenance

6) apply for and obtain AB in dowry harassment case

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

If she has already applied for annulment of this marriage by way of moving a petition under section 12 of the Hindu Mari age Act, you can give your no-objection before the Court and request to annul the marriage on the petition presented by your wife.

If she has not filed any such suit for annulment under section 12 of the Hindu Marriage Act, you may approach the Family Court and apply for a divorce against your wife.

Contest section 125 so that she may not be awarded any maintenance.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

The consummation of marriage is don e one basis of importance and in your case this is not the element.

As they have filed the complaint you need to file a divorce petition after one year i e after 3rd Feb 2018 in the family court.

The ran away from the train and you have a the police report and contest 125 along with the divorce

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1) There are two reasons to get divorce :

a) By Adultery, she was missing and found with a boy, you can do further investigation.

b) By Mutual Consent Divorce and you can marry with another girl. This procedure is upto you it can be done in one or two sessions and divorce. Its fast process.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

You can approach family court and file divorce on grounds of cruelty. You can prove in court the incidents of cruelty and get divorce decree.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

Since your marriage has not been consummated you should file a petition to annul your marriage immediately before it is more than a year from the date of your marriage.

You are hardly left with two weeks to complete this one year period hence first file the petition and then you can add additional grounds afterwards by way of an amendment.

You can cite the reasons for non-consummation of marriage was that she was involved in an extra marital affairs with her boy friend hence she refused to consummate the marriage.

Let she challenge your petition and you can prove your case based on evidences and merits in your side.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

1. Well, once FIR under 498a is registered the immediate course of action to be taken is yp apply for bail. Once that is done half the battle won.

2. If your wife is unemployed you can't avoid maintenance which varies between 1/3-1/4 of your income.

3. Refusal to consummate marriage or lodging false complaint is mental cruelty for which you can file suit for dissolution of marriage.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hello sir , it is really annoying to know the behaviour of your inlaws and their step taken towards the problem ... First , it is advisable to file for quashing of FIR in high court ( if the FIR gets registered in future ) ..secondly , file a divorce petiton on the grounds of cheating and adultery ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Divorce by mutual consent will pave the way for amicable settlement.

If she is insisting for divorce, better part ways and don't complicate.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Respected sir...

In your case there are number of facts and circumstances which support your case such as FIR and other relevant documents which you have file while lodging the FiR ...Sir we have Both the options available if you want to take with her you can file a petition under section 9 of HMA seeking RCR from court ..This will support your case When even you file divorce case ...And if you don't want to keep her with you just file a petition under section 13-A of HMA seeking divorce decree from court ...Court will surly provide you justice and help you ...Be Strong and face the case strongly that will help you for sure ..

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

You can file a case of divorce on the ground of cruelty. As per your Story your wife is having an extra marital affair. You can take divorce on the ground of Adultery but you must have concrete proof in this regard and if the proof is reliable then you can take divorce from the concerned courts and also the maintenance petitions of your wife will not survive.

As per section 13(1) of Hindu marriage act if your wife is in illegal relation with other person in that case you may file a divorce petetion against your wife but you have to prove that she is in illegal relation with other person.

You may get divorce from her.

Yugal Anjana Bhatia
Advocate, Mumbai
47 Answers

4.9 on 5.0

As per Law of the Land the marriage gives an implicit right to 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. However, if the very foundation of marriage, namely, the mutual right of consortium is absent, the very purpose of marriage is defeated.

Hence the Law prescribes (a) Divorce or (b) Decree of Nullity depending upon several factors. But whether it is Divorce or Decree of Nullity, result is same; marriage stands dissolved and conjugality or consortium or sexual intercourse becomes unlawful as parties remain no more husband and wife.

Section 32(a) prescribes Divorce for willful refusal to consummate the marriage.

As your marriage has not consummated due to her behavior , you should file a case to declare the said marriage as Null and Void on this ground. As there is already FIR for her missing during the journey , so you have valid proofs in your favour to get the relief from the court.

The very much question will arise in all cases filed by her that , Whether the marriage is consummated or not ?

If, marriage is not consummated ,means you both have not fulfill the conditions of husband and wife.Thus in this situation .not any maintenance will be awarded in her favour.

Dont worry for the case filed by her as she playing with the law and file Reply with the help of any lawyer after narrating all the incidence ,which you have mentioned here including FIR of missing and telephonic call and information . If you will file a good reply in her case , sure she will not get any relief from the court.

Till the matter is in Mahila Thana, there will be no question of lodging FIR under section 498 against you .

So, you must appear before the Mahila Thana personnel and submit the reality.

Your case is showing the ball in your dock.

Good luck and dont forget to positive Rating.

Mohammed Shahzad
Advocate, Delhi
9920 Answers
121 Consultations

5.0 on 5.0

It is material to know that was your marriage registered as you are hindu and it is required for an hindu marriage to get a registration done.

And if ur marriage is not registered from today just sent the fact that you were ever married.

And in case present the fact that your marriage couldn't be completed and deny to the pics.

You should visit the the same court once else court may ask you to pay a good amount as maintainence.

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

4.0 on 5.0

Dear Querist

Based on the FIR registered by you in Railway police and the communication with her father, file a divorce case against her based on cruelty under section 13(1)(ia) of Hindu Marriage Act-1955 before Family Court at Dehradun.

Fight the cases on merit with the help of a lawyer who deals in matrimonial criminal matters.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

1. Your wife has prima facie committed adultery, hence you can file a divorce petition on the ground of adultery and cruelty in the competent court.

2. As and when 498A gets filed then apply for and obtain anticipatory bail to preempt arrest and detention.

3. Since she has sought maintenance too under 125 CrP.C you may contest it on the ground that she has committed adultery which is a disqualification to get maintenance. However, the onus will be on your shoulders to prove the commission of adultery.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

You need to file the divorce petition on the grounds of mental cruelty and cheating and fraud in the court of law with the help of any good local advocate.

Try to make the party to the case that boy as well.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

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