I have got married 8 months back. I live with my parents in Pune city and my wife belongs from Surat. Ours is an arrange marriage. My wife is quite whimsical in nature and she likes a lavish lifestyle. She wants me to take her in expensive hotels, and also to outing on weekends often. While I did as she wants initially, I can't afford it often. Also her elder sister and elder sisters husband lives in Pune. They along with their one of family friend often take her out for outing and also to lavish hotels. Her sister’s husband has a criminal background. I told her to stay away from those people but she don’t listen to me and often goes with her sister and with her sister’s husband on outing. She also shares to her sister all personal things about me and my family. As a result her sister and sister’s husband interfere in our personal life a lot. This has taken a toll on me and I informed this matter and about her strange nature to her parents as well. But her parents don’t want to give any attention to the matter and instead they advised me to get along with her. I told her parents that I want to take her to the counselor for counselling but neither my wife nor her parents wants to go to counselor. At one occasion I and wife had a dispute and she went to her sister’s house. From her sister’s house she flee away with a suicide note and her sister filed a missing complaint of her and put the the name of me and my family memebers in that complaint. Cops interrogated me and I told the matter to them but it was of no use. After 8 hours of her missing her father called to her sister in Pune & told them that she has reached to Surat. I and my parents suspect that she along with her sister and her sister’s husband had deliberately did this incidence to harass me and my family. On the occasion of her birthday she went with her sister and her sister’s husband on outing. They stayed outstation and she informed me that she will return on next day. When I called her next day her sister’s husband started abusing me on phone. After returning home she tried to hang herself in our room. At the same day her sister’s husband’s friend called my father and threatened him that they will lodge a complaint against me. I and my family are utterly disturbed because of all this and we no more want to bear her. Also my marriage was not consummated as she said she is not interested in making physical relation with me. I am utterly frustrated and I want to give her divorce. What should I do?
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
only in exceptional circumstances can you file for divorce before expiry of one year of marriage
2) file for divorce on expiry of one year of marriage on grounds of mental cruelty
3) wife refusing to have sex amounts to mental cruelty
4) wife threatening to commit suicide amounts to mental cruelty
5) in case wife files false complaint of dowry harassment apply for and obtain AB from sessions court
See file a police complaint against her, her sister and sisters husband for intimidation and threat.
Further file divorce against her on ground of cruelty.
See in this case if she agree for divorce mutually then it will be fast otherwise you no choice other then contesting.
2. In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.
3. The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.
4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.
Dear
You should go for annulment of marriage on ground for fraud for grabbing money from you and non consummation of marriage.
The annulement is filed under section 12 of Hindu Marriage act.
You can also lodge FIR for fraud and criminal intimidation against you wife sister in law and her husband and his friend.
Hello,
Process of divorce can be started only after 1 year of the marriage.
if she is ready for divorce then you may file the mutual consent divorce otherwise you may go ahead and file a divorce on the ground of mental cruelty.
Regards
You can proceed with contested divorce against her before family court on grounds of cruelty
Give her divorce. File divorce case. Non consummation is a valid groud for divorce.
Since your marriage not consumated, you have bright chance to apply for Divorce. So please file the case citing this reason.
If you haven't consummate her till date before completing one year from marriage you can apply for annulment of marriage and in future you both will not called as divorcee.
if marriage not consummated you can file petition u/s 12 of Hindu Marriage Act,
You cannot file a divorce case within one year from the date of marriage for any reason except under any exceptional circumstances.
However since your marriage has not been consummated so far, you may file an annulment petition seeking to annul your marriage by a decree of nullity as the marriage has not been consummated owing to her impotence or for the reasons known only to her.
You may discuss with a local advocate and proceed on the suggestions received.
How can I safeguard myself and my family if my wife or her relatives file a false case against me? Her sister’s husband’s friend threatened us that they have evidence against me and they will send me to jail. Can I take legal action against them for intimidation?
see you can give a complaint before police station that wife is threatening and intimidating for false cases on family.
file police complaint of criminal intimidation under section 506 of IPC
2) if false FIR is filed against you under section 498A of IPC apply for and obtain anticipatory from sessions court
You can take anticipatory bail to secure them from arrest.
You should intimate the nearest Police Station about the facts of your case in writing stating that your wife may file such false case against you and your family.
You can even write a complaint to your nearest Police Station, detailing about blackmailing, her false allegations and her unscrupulous behavior and request in your complaint to make her stop the threats and abuses immediately.
You can file a complaint with the Police whereby intimating the police that you are being threatened of false implication by your sister in law husband in false case under the stipulated Act.
In addition - you can register a complaint in the Police Station for Criminal Intimidation and threat under Section 506 of the Indian Penal Code.
If your wife has been prompted by her relatives to file any false complaint then first you all may obtain AB and then challenge her false cases in the trial proceedings.
For the third person who poses threats with false allegations, you may lodge a criminal complaint against him for criminal intimidation and other charges.