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I got married on 17.01.2017 n till it is not consummated because of my wife's refusal. So many times meeting held with mediators but due to her arogency i decided to take divorce. She left home in Dec 2017 and still with her parents. 
In mediators Panchayat i told i don't want to continue relationship. Now she is telling that she had changed and want to come back because to get more settlement amount. They r demanding 66 Lakhs. I am a private employee with salary of Rs.40 thousands. My questions are.
1. Any proof is needed to file divorce for not consumatting.
2. My father is Govt. Employee and built own house on his own not ancestors.
Will court take his income also while calculating alimony.
3. My father taken top up loan on house keeping me as co applicant.
4. They r threatening to send mahila mandal to stage dharna in front of my house, my office, mt fathers office and my brothers office. How to face them.
5. We said whatever they fave will be given back including gold as fault is of her.
Pl advice me sirs.
Asked 6 years ago in Family Law
Religion: Hindu

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9 Answers

1) refuse to pay Rs 66 lakhs demanded by wife

2) correspondence exchanged with wife would help in making out a case that marriage is not consummated on account of her refusal to have sex

3)court does not consider father income while determining alimony

4)refuse to bow down to blackmail tactics

5) file case of extortion against wife and her family for threatneing to file false cases against you if you dont pay Rs 66 lakhs

6) you can return wife stridhan

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

1. I doubt whether anyone shall have a proof with respect to consummation.The court may decide based on medical reports.

2. No.

3. No issues.

4. Lodge a police complaint.

5. It can be settled once she agree to mutually dissolve the marriage. Else, withhold all the articles till the matter is settled through court of law.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Dear Client,

Wife’s resistance to consummation of marriage is ground for divorce.

1. Any proof is needed to file divorce for not consumatting. ---- You can seek medical examination.

2. My father is Govt. Employee and built own house on his own not ancestors.

Will court take his income also while calculating alimony. --- no,

3. My father taken top up loan on house keeping me as co applicant. -- dosen`t matter , who is paying the EMIs is actual owner.

4. They r threatening to send mahila mandal to stage dharna in front of my house, my office, mt fathers office and my brothers office. How to face them. --- Call the police,

5. We said whatever they fave will be given back including gold as fault is of her. - right and valid.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

1. Messages chats can be proof for not consummating marriage further if wife gave any confirmation or anything written.

2. No your parents income won't be considered for calculating alimony.

File a case of intimidation and threatening on wife and family for extortion of money on false case and mahila Sangathan, further return the gold before the police and deny her unreasonable demand of money.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) In what sense the marriage is not consummated. If you both had done sapathapadhi then your marriage is solemnized. You can go for divorce.

2) No court won't take your father's income for alimony, only your income will be consider for alimony and maintaeince if granted by court to her.

3) That will be considered while granting the alimony by court.

4) You can file case against her under SEction 9 RCR for time being to stop her allegiations against your family and later on can file for divorce.

5) That no issue you can return her gold.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

You can only put before court about non consummation of marriage.

No your father's income is not the part.

You can file Police Complaint for any illegal demonstration.

That's good if you return her stridhan bit do the same in police station.

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Dear Sir,

My answers are as follows:

1. Any proof is needed to file divorce for not consumatting.

Ans: Normally self version is sufficient but you may advised to file an application to subject your wife to undergo medical checkup.

2. My father is Govt. Employee and built own house on his own not ancestors.

Will court take his income also while calculating alimony.

Ans: Alimony cannot be calculated on assumptions and presumptions. Get a certificate to the effect that it was self acquired property of your father.

3. My father taken top up loan on house keeping me as co applicant.

Ans: Produce all such documents before the Court.

4. They r threatening to send mahila mandal to stage dharna in front of my house, my office, mt fathers office and my brothers office. How to face them.

Ans: If such occasion arise you may lodge a complaint with police saying she is adopting blackmailing tactics during the pendency of a case before a Court and that her proposed act will be a contempt of Court.

5. We said whatever they fave will be given back including gold as fault is of her.

Ans: It is good.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

1. You can file a petition seeking annulment of marriage for the reasons of non consummation of marriage owing to her impotency.

Let she prove that she is not.

2. No.

4. Let them do, you can lodge a criminal complaint for creating nuisance against them.

You consult an advocate in the local and take his advice on all such further issues.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

Firstly, yes you may be asked by the court to prove the fact that the marriage has not been consummated till now.

And it is very difficult to prove this part. But, if you can manage to have any message or recording where she also says the same then there are chances, and I think it is not so hard for you to do now as she herself somewhere wants to come back to you.

Secondly, no one can create a dharna creating nuisance for your life. It is totally illegal.

Thirdly, you better file a divorce case on the ground of mental cruelity as she threatens all of you also (proving disproving would be a later talk), if you can’t mamage the proof of non consumption, but filenon both the grounds as if anyone gets fail the other would help you.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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