• Annulment / divorce

I am nri married in 2018 and would like to ask about divorce and annulment 

My wife doesn’t have any sexual interest .but she wants to keep continuing the sexless marriage .can I go for annulment after 2 years or divorce is the only option 

We end up in constant fights where she also indulges in abuses due to this issue and wife threatens filing for domestic violence ..
 Can domestic violence be filed without proof and what if woman commits verbal or physical violence on a man isn’t man protected too ?

Further question if my wife files a divorce case against me in Bangalore ..can I reply to the case in Pune or Mumbai or different city 

Further if I am unable to reply or appear to a case or notice filed by wife ..due to being an nri and out of India do I lose on the case by default 

Last question 

We maintain separate bank accounts and can wife claim husbands savings or property or fixed deposits in case of divorce
Asked 1 month ago in Family Law
Religion: Hindu

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12 Answers

1) File for divorce on grounds of mental cruelty 

 

2) wife refusing to have sex amounts to mental cruelty and is ground for divorce 

 

3) you can in alternative file for anullment of marriage on grounds of impotency of wife 

 

4) wife can file DV case against you but has to prove allegations made in the complaint during trial 

 

5) wife can claim interim maintenance and alimony from husband in event of divorce 

 

6) you can execute POA in favour of family member if you are unable to attend court 

Ajay Sethi
Advocate, Mumbai
80471 Answers
4927 Consultations

5.0 on 5.0

You can file divorce petition on grounds of mental cruelty by non cohabitation. In addition you can go for annulment of marriage, and POA in favour of family member can be issued if you are unable to attend court proceeding.

Sanjeev Gupta
Advocate, East Delhi
98 Answers
1 Consultation

5.0 on 5.0

Rather go for divorce than annulment of marriage as non consummation of marriage is very hard to prove.'

To file a case under PWDV Act or u/s 498A IPC no evidence is necessary.

In your absence your advocate can very much present you .. 

Devajyoti Barman
Advocate, Kolkata
21978 Answers
325 Consultations

5.0 on 5.0

- As per Supreme Court judgement, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter. 

- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.

- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.

- Further, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,

- Further, under section 12(1)(a) of Hindu Marriage Act, non consummation of marriage is a ground of divorce and annulment of marriage . 

- If she is not interested to live with you, then try to take her consent for mutual divorce.

- If, she not agrees for mutual divorce, then file a divorce petition on the above mentioned grounds. 

- Further, if she files a case in Bangalore , then you cannot file your reply in other jurisdiction , and will have to appear before the court of the case. 

- Further, if will not appear in the proceedings of the case filed by her , then court will pass its decree in favour of her. 

- Further, except alimony/maintenance ,she is not having any right over your property and bank balance during your life time. 

Mohammed Shahzad
Advocate, Delhi
5910 Answers
60 Consultations

5.0 on 5.0

You can file case against her under IPC section for verbal Harrasment. 

Jurisdiction of divorce depends on where the marriage was solemnised. For women the jurisdiction is very wide and she can even file it from where she resides

Prashant Nayak
Advocate, Mumbai
22962 Answers
49 Consultations

4.4 on 5.0

Hi, Refusal to have sex it also amount to cruelty and on the above ground and other ground you can file a petition for divorce. As far as Demostic violence is concerned, if she able to prove her case then only court will allow her applications. Suppose if your wife is filed a Petition for divorce in Bangalore you need to contest the same other wise the court will placed you as ex-parte and there may be you lost the case. 

 

2.  Wife will entitled to claim  maintenance and she has no right to claim FD. But on the basis of the your FD and other income she can claim maintenance.

Pradeep Bharathipura
Advocate, Bangalore
4907 Answers
254 Consultations

4.5 on 5.0

Non consummation of marriage and refusal to have sex is a ground for divorce. File a divorce petition. She can file a domestic violence case against you. The trial will commence and she has to prove that she was a victim.

She can file a case then you have to file in that city only.

If she earns then there is no need to give her alimony. 

Rahul Mishra
Advocate, Lucknow
11781 Answers
23 Consultations

5.0 on 5.0

Dear Querist

There is no ground for annulment of marriage if the party of the marriage is not ready for a physical relationship but can be file a divorce case based on cruelty under section 13(1)(ia) of Hindu Marriage Act-1955

 

There is no law by which a man can be protected but the oral statement is sufficient for filing the domestic violence case against the husband and his family if the wife is residing with them in a shared household.

 

The filing reply before the court where the divorce petition is pending is only the option you have. you cannot file the reply in another court but you have a right to file a transfer petition before the Supreme Court but chances are very less.

 

You may appoint a power of attorney and he/she may appear on behalf of you and fight your case except for the evidence. at the stage of evidence, you have to appear in person.

 

Feel Free to Call 

 

Nadeem Qureshi
Advocate, New Delhi
5882 Answers
279 Consultations

4.9 on 5.0

The annulment of marriage petition canot be filed beyond one year from the date of knowledge of the defect, you my have to file a divorce case only.

 

Domestic violence case can be filed by her however you can challenge her false case on merits and with the support of documentary evidences.

If she files a divorce case in Bangalore you have to challenge the same in Bangalore only and not in a different city.

You may be set exparte and the case would be decided against you in your absence if you do not contests her case.

 

Wife cannot claim a share in the husband's property or his bank savings

T Kalaiselvan
Advocate, Vellore
70524 Answers
985 Consultations

5.0 on 5.0

You can file for anullment of marriage on grounds of impotency but it is difficult to prove impotency 

 

2) hence better to file for divorce on grounds of mental cruelty 

 

3) wife refusing to have sex amounts to mental cruelty and is ground for divorce 

 

4)POA should not be executed in favour of lawyer. Always execute in favour of family member 

 

5) you should contest false DV case filed by wife 

Ajay Sethi
Advocate, Mumbai
80471 Answers
4927 Consultations

5.0 on 5.0

Denial of sexual relations is cruelty and is a ground for divorce. You should file a case irrespective of what she does as you have a genuine grievance. She will file a case but ahe has to prove whatever she says.

Annulment can be filed immediately but denial is not a ground for annulment it is a ground for divorce.

Rahul Mishra
Advocate, Lucknow
11781 Answers
23 Consultations

5.0 on 5.0

If you wanted to file an annulment petition you should have done it within one year  from the date of knowledge.

Now you may have to file a divorce petition only for the same reason.

You may have to give  POA deed to any close relatives 

 

 

T Kalaiselvan
Advocate, Vellore
70524 Answers
985 Consultations

5.0 on 5.0

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