If your wife does not engage a lawyer or appear in court to contest the case court can grant you exparte decree
you cannot restrain your wife from travelling abroad
Hello I am a Hindu by religion got married in the year 2019(Nov) but my wife left me within the next 6 months our marriage was also not consummated(this she has accepted in her plea) as she didn't let me touch her ,thus I have filed for annulment of our marriage (within the very first year)in response to this my wife has filed 498 , domestic violence against my family and 354 against my father, but the court granted us bail as she had filed after me and took four months to do so. Now she is leaving the country for further education to delay the annulment of marriage, what should I do?
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If your wife does not engage a lawyer or appear in court to contest the case court can grant you exparte decree
you cannot restrain your wife from travelling abroad
She has already appointed a lawyer, I dont want to stop her from going abroad I just want this to get over soon.
i am not able to understand how you have filed a petition for annulment of marriage
on what grounds u/s 12 of the Hindu Marriage Act is such a petition filed?
i understand that the marriage was no consummated
but non-consummation of the marriage for being a ground for filing a petition for annulment of marriage must due to the 'impotence of the respondent'
has your wife admitted in her plea that the marriage could not be consummated because she is impotent or not able to conceive?
Litigation is long drawn and expensive proposition
2) disposal of petition would depend upon pendency of cases in family court in your city
- As per Supreme Court judgment, 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 .
- Since, you have already filed the petition for annulment of marriage , then if she failed to appear then court may pass ex-parte decree in your favour.
- Further, if charge sheet has been filed in 498a then he appearance is mandatory before the court , and hence if she not appear then you may move an application for dropping her evidence in the case.
You file an application in the family court where your application for annulment is pending and inform and request the court to stop the wife from going abroad and take the said undertaking. Thereafter court would direct the wife not to fly abroad without the permission of Court.
Thanks and Regards
Dear Sir
In this case, your wife is well within her rights to travel abroad for education and that cannot be helped.
However since you have filed for annulment under Section 12(1)(a) of the Hindu Marriage Act and she fails to appear before the court when summoned, there is a good chance of the court passing an ex-parte order.
Thank you
In her absence, the decree may be passed exparte in your favor. Keep constant follow up with your lawyer.
You can continue the proceedings without her. Even if she goes to abroad also she cant avoid the litigation. It's better you go for Mutual consent divorce. If you need any further assistance then you can approach me through LinkedIn.
You do not have to be worried about her non appearance before court, your lawyer can insist on her presence or to pass a decree in her absence if she is intentionally dragging ion the issue or willfully not appearing before court to participate the in the proceedings.
The court can pass an exparte decree too owing to her continuous absence.