• Divorce

it has been 1 1/2 year for our marriage. day by day I discovered many things which were not disclosed prior to marriage and now I can see my wife and parents conspiring against me and my family. i have lost all faith in my wife and this marriage. since I have come to know the actual truth of my wife I have stopped any kind of physical contact with her its now almost more than a year we had any sexual relation though we were staying together. she is waiting for a child and then she have all her plans to harass me and my parents as she knows I m the only son of my parents. one day I caught her false documents in which she had many certificates of government institutes with different date of births. also its had false income certificate of her father. i kept all those things in my bag and locked it but next day morning when i went in my room she locked me in my room broke open my bag and destroyed all the documents. Since then i have left her in her fathers house. she had also defamed me by calling in my office and putting allegations of extra marital affairs on me. she has threatened me for committing  suicide and always says that i m torturing her and harassing her. i have many times asked her for mutual divorce but she never agrees but now i really do not want to continue with her in any way. she had gone to mahila mandal for complain but she herself was found faulty and  was asked for counselling.

sir now please tell me without my consent can Law force me for physical relation with my wife?
till now what ever she has done doesn't it come under harassment against me?
whats the best step for me to take now...? 
she wants to come back to me now but I have stopped her, till when I can stop her? 
Now I do not feel myself safe with her.    

Asked 4 years ago in Family Law from secunderabad, Andhra Pradesh
Religion: Hindu
1) your wife can file RCR case against you if she so desires . but court cannot compel you to stay with your wife . 

2) if wife makes false allegations of you having extra marital relations and you have proof of those allegations then you can file for divorce on grounds of mental cruelty 

3) if you dont want to stay with your wife file for divorce
Ajay Sethi
Advocate, Mumbai
46806 Answers
2769 Consultations

5.0 on 5.0

First of all do not worry so much ,every problem has a solution ,it is better to go for divorce as it seems that there is no possibility of settlement,further as far as legal action is concerned she definelty has more rights than you ,obviously no body can force you to have any relation with her.,a fight for divorce will not be easy for you as it will take your money and time,try to go for mutual settlement,probably that will be a easy way for you.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

4.6 on 5.0

if at all u have decided not to stay with her. then is only remedy left in front of u. if your wife is putting false allegation of your relation. it amounts to mental cruelty. but you have to prove allegations in court. best way which is not likely in your case is mutual consent divorce
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations

4.6 on 5.0

1. No court can force you to resume and maintain physical relations with your wife. It is absurd to even think that law can be used as an instrument to force an individual to have intercourse with some one against his wish. 

2.  If she has accused you of having extra marital relations, and the accusation is false, you have the right to apply for divorce as it amounts to spousal cruelty. Divorce through process of court is the only remedy if you do want to continue your marital tie. 

3. File a police complaint against her if she threatens to end her life by committing suicide.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

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