• My wife doesn't allow me to come close

Hi Lawyers, 

Me and my got married in Feb 2017, right from the first day my wife is stopping from getting close to her. her behavior is very rude and the way she answers is also very rude. She doesn't talk to me properly. But in front of everyone she acts as if she has so much of love on me even before my parents. I have highlighted this issue and we had a meeting within families and then she said i wont do all these and i will let him come close to me and will be nice to him. Even after that she pushed me away 3 - 4 times. Now i have a very bad feeling to even go close to her. I do not want to live her anymore. she has screwed my life. I have consulted few lawyers, they are saying that you do not have proof of all these and you cannot win the case. 

Please suggest
Asked 4 years ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

16 Answers

1) did you prepare any minutes of meeting which was held in presence of family members?

2) any messages exchanged with wife in this regard ?

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

4) wife refusing to have sex amounts to mental cruelty

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

If you have decided not to live with her then you go for the divorce petition under section 13 of the Hindu Marriage Act as your marriage is not consumated. The intercourse is the essential elements of a marriage and if it is not present in one year you immediately file a petition to separate from this marriage.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello sir,

I am Girija, Advocate.

I read your query, according to it, your marriage is not consummated, so you can apply for divorce on that ground alone, if you want to take divorce. Or otherwise try to know her problem in a friendly manner why she Is not accepting you as husband.

Girija
Advocate, Hyderabad
10 Answers

4.0 on 5.0

Denial of sex/physical intimacy to the husband amounts to cruelty, and he may seek divorce on this ground alone.

You too can initiate a divorce case against your wife on the above ground. Amongst this,you can include some grounds as well, on which you can base your divorce case.

Though it might be the case that you do not have sufficient evidence, but this doesn't necessarily means that you are too loose this case.

If you'll buy my advice, try taking a joint counselling session, together with you wife with a Marriage Therapist. Who's knows if good sense prevails, this could be resolved with the intervention of the marriage therapist.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hello sir , you can file a contested Divorce petition on the grounds of mental cruelty .. It is correct that the case will be hard enough , but this is the only legal way out .. However , if she is not happy with marriage you can discuss and convince her to get mutual divorce .. Thank you .. Do get Back for any further doubts

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

If a spouse does not allow the partner to have sex for a long time, without sufficient reason, it amounts to mental cruelty, the Supreme Court has said, upholding a verdict of the Madras high court to grant divorce to a man.

Other side , her all act amounts to cruelty upon you and on these grounds you can file a case for divorce.

- It is not necessary that you will lose your case if not having enough proof against her cruelty , which has made your life screwed.

- It is not necessary that you both will separated from the said case , but it may also settle your problems by counselling through mediator of the court.

However,firstly you should try to resolve the matter in dispute with the help of respected persons of your family.

Mohammed Shahzad
Advocate, Delhi
9885 Answers
121 Consultations

5.0 on 5.0

Sir non consummation of marriage amounts to mental cruelty and can be ground to get divorce under 13(1)a but as your lawyer said it's difficult to prove but not impossible. If you really wanna leave her file a case atleast in that fear she may allow you to go close to her.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1) You can't force her to love you without her desire and wish.

If you force her like this you will booked for pressuring her against Article 21 of the Constitution of India – Right to Life and Personal Liberty

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Better to meet a Physiologist with her ..Please do understand that you entered in to new life and new situations. A life after Marriage is quite similar some times different in nature.

marriage is a sacred and holy union of husband and wife by virtue of which the wife is completely transplanted in the household of her husband and takes a new birth. It is a combination of bone to bone and flesh to flesh.

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

Respected sir ..

If she is doing such a cruel thing thing to you then you have to file a divorce petition under section 13-A of HMA seeking divorce decree from court ...If she want to reside with you she will be on her knee's and will ask to withdraw petition and if not then just go ahead for divorce proceedings ...And she might will file a number of fake Case's against you then your divorce petition will work as a defence as that she had filled such cases just to take revenge ... So make your mind clear and go ahead...

Thank you

Dinesh Sharawat
Advocate, Delhi
1258 Answers
12 Consultations

4.9 on 5.0

1) Or either you can take her to counselor and have talk with him/her. Counselling after her act which she acts dual all the time you will come to know what is real fact.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Send her a lawyers notice on the ground that your marriage has not been consumated from the date of marriage till now and if she, your wife fails to comply with your demand for sex, then file the petition stating that your marriage has remained non consumated and therefore the marriage itself has to be dissolved.

If on receipt of the notice, your wife disputes your demands, she must provide adequate proof in the form of a medical certificate that the marriage was consumated and that she is sexually active from the time of marriage, if your wife cannot prove this you win the case.

Denial of sex is termed cruelty in a recent judgement passed by the Hon'ble supreme court.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

This appears to be a temporary problem.

You can consult a psychologist or a marriage counselor either individually or along with her.

If she refuses to accompany then you may take suggestions by yourself and then inform her parents about this and ask them to cooperate with you to make her realise the importance and sacredness of marriage.

You try to make best efforts to reconcile the differences to the possible extent and also have a record of all the steps taken by you in this regard.

At one stage if she is really not cooperating and wants to get away from you, it would be better ask her to give mutual consent divorce and yo both can part your ways peacefully instead of a stretched litigation in the court in the name of contested divorce on the grounds of mental cruelty.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

You may immediately get issue a legal notice and apply for divorce under the following provision of law. You may get divorce on the grounds of non consummation of knowledge, cruelty etc. An application may be filed before the Court for medical examination of your wife.

Section 14 in The Hindu Marriage Act, 1955

14 No petition for divorce to be presented within one year of marriage .—

(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, 28 [unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage: Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented 29 [before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the 30 [expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the 31 [expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed.

(2) In disposing of any application under this section for leave to present a petition for divorce before the 32 [expiration of one year] from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the 33 [said one year].

Section 12 in The Hindu Marriage Act, 1955

12 Voidable marriages .—

(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:—

12 [(a) that the marriage has not been consummated owing to the impotence of the respondent; or]

(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 13 [was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)*], the consent of such guardian was obtained by force 14 [or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent]; or

(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage—

(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if—

(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or

(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;

(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied—

(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;

(ii) that proceedings have been instituted in the case of a marriage solemnised before the commencement of this Act within one year of such commencement and in the case of marriages solemnised after such commencement within one year from the date of the marriage; and

(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of 15 [the said ground].

(i) Non-disclosure of age and factum of having major children by husband at the time of marriage amounts to fraud and suppression of material facts having bearing on marriage. Marriage founded on fraud from very inception is a nullity; Sunder Lal Soni v. Smt. Namita Jain, AIR 2006 MP 51.

(ii) Misrepresentation as to the age of the bridegroom made to the mother who acted as an agent and the daughter consented for the marriage believing the statement to be true. It was held that the consent was vitiated by fraud; Babui Panmate v. Ram Agya Singh, AIR 1968 Pat 190.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hello,

Certainly yours is a week case to fight and in any view of the matter you can not file a divorce case before 1 year of the marriage. Till then you may collect some prove with regards to the same and then may file a case against your wife.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear,

As you have stated that you married your wife in Feb 2017 so it is difficult to say if complete 1 year has been elapsed or few days left for the completion of 1 year. Wait till March, 2018 and have talks with your wife for mutual consent divorce(MCD). If she accepts well, otherwise live with her and collect evidences of cruelty against you and then file for contested divorce. The lawyers are correct to say that if you do not have any proof for what you are stating, you cannot win the divorce case if you file the same.

B Srikiran
Advocate, Hyderabad
37 Answers
1 Consultation

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer