Both I and my wife's family is from West Bengal. Both I and my wife works in Bangalore as software engineers earning almost same salary. Got married in January 2017. Wife left my flat just after 2 months blaming me of impotency and asking for mutual divorce. From the very beginning of the Marriage (wedding nigh to last day) she avoided any intimacy by - sleeping in wedding night, giving excuse of pain in the honeymoon, asking me to shave my beard and chest hair whenever I try to be intimate. Today got notice from court that they have filed Marriage suit case under section 25 under special Marriage act. Though the act is for annulment of Marriage in the top of the notice it's written "divorce suit". Also within the notice they have mentioned every possible things: 1. Asking of Annulment of Marriage due to non-consummation of marriage. 2. Impotency of the husband 3. Concealment of impotency 4. Dowry (we have not taken a single penny, the ornaments they have given to their daughter have been returned to them and we have taken in writing in court paper. They mentioned that we have forced them to sign and they have not taken back anything). 5. Mental cruelty as my parents have verbally abused her. ( Only for 2 days my parents visited my flat before she left my flat. Nothing happened) My question is: 1. Is mere saying "mental cruelty and verbal abuse", "dowry materials we have not taken back and forced to sign" , "concealment of impotency" ...only saying of these will be taken seriously by court? it's they who have to prove those to be true or it's us who have to prove those to be wrong? 2. They have not asked for any alimony or anything just asked for annulment of Marriage. Is it good for us (as after such harrassment I also dont want her back)? Or irs bas because I will be termed as impotent for my whole life and also that based on this case they can file 498a, huge alimony cases in future? 3. Should I just fight this case? I mean to say should I just say all their claims are false or can I also say that these are false but I also want to disolve the Marriage due to harrassment we faced? 4. Is it wise decision to file any counter case like defamation against them?
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burden of proof is upon Petitioner to prove allegations made in petition
2) you must contest the case as serious allegations of impotency are made against you
3) it would affect your future marriage prospects
4) you can file case of defamation against your wife
1.They need to prove the said allegations in court. Mere saying is not enough.
2. Yes it's good for you. You both can convert the petition into mutual consent and finish it off.
3. Don't fight convert it to mutual divorce under special marriage Act.
4. If going for mutual divorce no need.
1. Sir the burden of proof is on them to prove the allegations alleged against you.
2. See you should contest this case and in case they agree for mutual divorce without any alimony then you can agree for same.
3. See you should contest the case and ask for mutual divorce if possible. As uncontested the court may accept there allegations
4. At this stage no counter case can be filed.
You can submit your impotency report in court or request the court to order impotency report from govt. hospital. Mere allegations has not effect, Dowry demand and dowry already given shall be proved by transaction history, mere allegation has no consequences.
Might girl had forced marriage agasint her choice, so giving such excuses. Rebut the claims. don`t release her just like that, contest the divorce.
One correction in my actual question: I got married in January , 2019 this year. Thanks a lot to all learned advocates. I am a bit confused now. The local lawyers I have talked with , some of them have said that it's good that they have filed the case u/s 25 of special Marriage act because my marriage will become void (as I have mentioned already in my question that I also don't want her back); they are even saying I can choose not to appear/contest. 1. I also want to end the Marriage but is it a good decision(what good can happen) not to contest and let the Marriage get void/null thru ex parte of this case u/s 25 of special Marriage act when they have blamed me of impotency, dowry and mental cruelty. 2. If I choose to do that (not contest) what all can be the bad impacts on me? 3. One of you learner lawyer here suggested that we can turn this petition into Mutual divorce. My in law family is extremely hostile and there will be no talk unless we agree to give them 10-15 lacs of money in out of court settlement. Then turning into Mutual is not possible right?
The reason I advised you to contest is your wife has levied allegations of impotency against you
2) even if court pass order declaring marriage nullity it would affect your future marriage prospects
3) if you don’t want to pay any alimony there is no possibility of divorce by mutual consent
IF you will not appear, court will pass ex parte order. But if you will not appear and court will grant ex parte order than opposite party can claim expanses of marriage also, so better contest. and file cross objection and pray for divorce.
Cannot convert into Mutual diovrce, divorce petition will withdraw and fresh application will file.
Dear Sir,
If alimony is not claimed just get it ex parte decree then file defamation case for not placing the material to prove the impotency and produce your potency certificate. Useful judgment.
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Calling a man impotent amounts to defaming him, says Bombay high court
Referring somebody as an “impotent person” reflects badly on his manhood and prima facie amounts to defamation, the Bombay high court said and refused to quash criminal proceedings against a resident of Andhra Pradesh by her estranged husband for terming him ‘impotent’.
Then contest the same and falsify their allegations. You can later file defamation against them.
Well, contested matrimonial suit can under no circumstances be converted into mutual divorce.
Allowing her suit for nullity to e decreed ex parte is not also not a good idea.
In the WS you file in the suit for nullity can claim dissolution of marriage on the grounds of mental cruelty by way of counter claim.
Merely the statement and allegations mentioned in the petition doesn't prove the case the burden of proof will be on her to prove the allegations in the petition.
If you choose not to contest the case then court will give Ex-parte judgement against you believing that you are accepting the allegations levelled by her in petition.
The mutual consent divorce is the best option if you are ending the matrimonial disputes and relationship. If paying 10 to 15 lacs helps you to get rid of the cases then it's the best option.
1. They have approached court with a petition seeking annulment of marriage for the said reasons.
Once you received the summons from court you have to appear before court and file your counter denying all her allegations and can mention that the burden of proof lies on her.
She has to let in her evidence with documentary evidence or any other substantial evidences to prove her allegations before the court and to present her arguments.
The court after hearing both the sides will deride based on the facts and merits in the case.
2. In annulment case she cannot ask for maintenance or alimony. About filing criminal case under 498a ipc, it is her decision, you cannot prevent her from going ahead with such cases, you can obtain AB and then challenge her false allegations in the trial court.
3. You have to fight back to deny all her allegations otherwise you will be tagged with impotency which may be harmful for your future in case you want to remarry.
You can file a divorce case after one year of marriage on your own but contest this and get it dismissed by all means.
4. Defamation case will be maintainable only after proving her allegations as false and not before that.
1. In my opinion you may have to challenge her case and get it dismissed. If you dont contest and let it go exparte then you will be tagged with the label 'impotent' which may harm your future especially when you want to remarry, hence dont run a risk.
2. See the above answer.
3. The annulment petition cannot be converted into mutual consent divorce.
For mutual consent divorce, you both should have lived separately for more than a year.