I had an arranged marriage in 2019. Got married and soon after I saw she is scared of getting into physical relationship. Though I never asked or forced her for anything. In a weeks time she says she is confused about her sexual orientation and may not be interested in guys. She also named a girl who use to work with her and said she feels about her and gets such kind of feelings which she should get with me (husband). When asked to go to a doctor, she denied and said her brother said not to go. Lots of arguments, conversations happened on why she got married to me? She says she did mistake and has been absconding from 2 years. Neither she comes forward for any mediation nor divorcing me. Finally we never got into any kind of relationship. She has been falsely blaming me of abusing her and she is not telling the same-thing to her parents which she told me. My life is stuck here and I am really tensed as to what will happen to my family life as I am already 38. Her parents and siblings were approached but they too are not cooperating to resolve this and just watching things silently. Fyi - we never got into a physical relationship. What advantages and disadvantages I have to move to the court and file a divorce. And how shall I proceed for a legal action on this and get a divorce decree.
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File for divorce on grounds of mental cruelty
2) wife refusing to stay with husband and have sex amounts to mental cruelty and is ground for divorce
3) in the event wife files false dowry harassment case against you apply for and obtain anticipatory bail from sessions court
Your best option is seek divorce on the ground sexual incompatibility. Such a ground is not mentioned under divorce law but it is covered under cruelty mental and physical. State all the facts, before going for divorce inform your partner if it agrees for divorce by mutual consent. Otherwise proceed for divorce from your side.
You can seek divorce from husband. Section 13 of Hindu Marriage Act, 1955 provides for divorce by wife on following grounds like..
Contact local lawyer and engage him it take 1 – 2 years for divorce case.
Document required…
No second marriage till you get divorce.
You can seek divorce from husband. Section 13 of Hindu Marriage Act, 1955 provides for divorce by wife on following grounds like..
Contact local lawyer and engage him it take 1 – 2 years for divorce case.
Document required…
No second marriage till you get divorce.
You can seek divorce from husband. Section 13 of Hindu Marriage Act, 1955 provides for divorce by wife on following grounds like..
Contact local lawyer and engage him it take 1 – 2 years for divorce case.
Document required…
No second marriage till you get divorce.
- 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 Supreme court , denial of sex by spouse is a ground of divorce.
- 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 .
- Hence, 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 ground of cruelty and above mentioned grounds.
- Further, she is not entitled to get maintenance , if she not wanted to continue conjugal rights with you.
In my opinion, since the marriage has not been consummated, you should go for Annulment of marriage. Contact a local lawyer and file a suit for Annulment of marriage.
1. You can proceed to file for Annulment of Marriage.
2. Denial of sex or no sexual orientation or incurable defect to perform intercourse between husband and wife, is a strong ground to file for Annulment of the Marriage.
3. If the Annulment is granted by the Court, technically it will be considered as if the marriage has not happened and you can start your life afresh.
4. Or convince your wife to agree for Mutual Consent Divorce, which will save time and money and all the disputes between the husband and wife can be mutually resolved.
You can file a contested divorce case on the grounds of cruelty.
Not cooperating for conjugal or sexual relationship is also one form of mental cruelty.
Another ground is desertion.
Since it is more than two years after she abandoned you, it can be termed as desertion or voluntary withdrawal from your society which is a strong ground for divorce.
You cannot put the allegations that she is a lesbian without any proof to prove your pleadings.
You may consult a lawyer, discuss at length and proceed as suggested.
Dear sir,
As you have mentioned, that you are in a strained and meaningless relationship where there is clearly no room for conciliation because of your wife's reluctance., a divorce decree can free you from this mental pain. The downside to this is that your wife can always claim her rights for maintenance after the divorce. However, if you are able to secure divorce on ground of cruelty and fraud, you can avoid the maintenance too.
The legal action to be taken is that you must seek divorce on grounds of cruelty. Not fulfilling your conjugal rights as part of the bond of marriage falls under cruelty. With the aspect of different sexual orientation, you were not informed about this before the marriage, and so concealment of any fact would be fraud on part of you wife. If you are able to validate all your claims and prove the above to the satisfaction of the court, you could easily get the divorce decree. Thank you.
1. You can file divorce suit on the ground of het cruelty, desertion and refusal to have physical relationship with you.
2. Engage a local lawyer for filing the said divorce suit.
