Hello All, I have multiple questions about my situation. My name is Phanendra, I got married in November, 2009. In initial days of my marriage my wife used to act weird, she used to stand and rub the walls in her sleep, she used to suddenly wakeup from her sleep and scream in the middle of the nights. She was very stubborn and never used to listen me or my parents. She used to always speak lies which broke our relation and due to this we never had any physical relation in our marriage. After every quarrel she used to go to her parents place and return after 2 or 3 months, this used to happen minimum thrice a year. Now since 2+ years she is not staying with me, she is at her parents place. Now they are asking for huge compensation and threatening us with cases. Please help me. My questions are - 1. What cases can she file on me? 2. I am a software engineer - if an FIR is booked on me, will I have problem in getting US visa. 3. We never asked them for dowry, if she files dowry case - how should I defend it. Please suggest me way out. Thanks, Phanendra.
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1) record threats received and file police complaint against your in laws for threatening to file false cases of dowry harassment against you unless compensation is paid to them
2) your wife can file false Domestic violence / 498A case against you
3) you should obtain anticipatory bail in case dowry case is filed
4)court may impose conditions on your travel abroad . you can travel abroad only with court permission
Please answer my below questions as well. 1. How is not having sexual relationship with wife since first day of marriage till 6 years treated in court? We both were not interest in each other. 2. I am job less since one year now and do not have big bank balance. If I proceed through court, generally what compensation would court as me to pay to her? We took one lakh as dowry at the time of marriage and they gave 6 lakhs worth gold to her daughter. Even we gave 2 lakhs worth gold to my wife. Will this create any dowry problem? Can we demand our 2 lakhs gold back? Thanks, Phanendra.
1) refusal to have sex amounts to mental cruelty
2) wife can take the plea that you are impotent and hence did not consummate the relationship
3) in your defence you can take the plea that wife was impotent and refused to have sex and hence marriage not consummated
4) court will award wife maintenance . mere fact that you are jobless is no ground to deny maintenance to wife
5) Rs 2 lakh gold given at time of marriage to wife is her streedhan . similarly rs 6 lakhs gold given by he parents is your wife stredhan
6) transfer Rs 1 lakh received from wife/ your in laws at time of marriage to her account if money was received by cheque as dowry at time of marriage
1. What cases can she file on me?
If she has decided to trouble or torment you, she may file umpteen number of cases for ex., Domestic violence case against you and your parents; A criminal complaint with the police attracting offences under sections 406 and 498 A IPC and sections 3 & 4 of DP Act; she may even with self inflicted injuries make a complaint attracting offences under sections 323, 324 506 (ii), 509 etc.; she may file a case for maintenance under section 125 Cr.p.c. seeking maintenance at an exorbitant monthly rate;
2. I am a software engineer - if an FIR is booked on me, will I have problem in getting US visa.
No doubt the criminal cases especially cases prosecuted by police will be an obstruction for you to process US visa, however you may intelligently manipulate situation (you have to decide the strategy to be applied for it)
3. We never asked them for dowry, if she files dowry case - how should I defend it.
She will first target with the false dowry case only, so based on her complaint you have to challenge the same in court to get acquittal in the case.
1. How is not having sexual relationship with wife since first day of marriage till 6 years treated in court? We both were not interest in each other.
The essentials of marriage include sexual intercourse between the couple. In the absence of this conjugal relationship the marriage is void. In the normal circumstances, the marriage is solemnised for procreation and this will not be possible only when either of them is impotent or affected by infertile status of health,but tat is an exemption.
In your case, you have been keeping quite for all these six years without the conjugal relationship between you two that too without any complaint from your side about this lacuna. What prevented you from not initiating any action either legally or otherwise to solve this problem? You cannot claim yourself to be magnanimous on this issue or had been observing patience because everything has a limit. You have wasted your six potential years.
The court has got nothing to with this but it is you who has to please befor court the fact and pray for divorce for non-consummation of marriage and all the continuous efforts to patch up the difference for creating a situation conducive for the issue has irretrievably failed. You should convince the court the reasons for not approaching the court earlier or justify for approaching the court very late with this subsisting strong ground.
2. I am job less since one year now and do not have big bank balance. If I proceed through court, generally what compensation would court as me to pay to her?
court will not ask you to pay her compensation. It will be she who will move her claim for maintenance or alimony based on her version about your economic status. You can defend by presenting your actual status and affordability.
We took one lakh as dowry at the time of marriage and they gave 6 lakhs worth gold to her daughter. Even we gave 2 lakhs worth gold to my wife. Will this create any dowry problem? Can we demand our 2 lakhs gold back?
Giving and accepting dowry is prohibited in law and it is an offence. If this is the status, you may have to settle the issues amicably.
1. She may launch your prosecution for dowry harassment, assault, attempt to murder, domestic violence. This apart she can also sue you for maintenance and compensation. If and when she files any of the above cases the court will give you abundant opportunity to enter defence to contest it.
2. Mere filing of the case will not result in denial of visa to you. If you are able to get bail you should also be able to get visa. Apply for pre-arrest bail as soon as she files the case lest you arrested and put behind bars.
3. If she files the case for dowry she will be under the obligation to prove that dowry was demanded.
4. Not having sex is inconsequential except if either spouse files for divorce on this ground. You are entitled to file for divorce on the basis of cruelty as she has denied sex to you.
5. If she is earning then you are not obligated to support her financially. You can contest her claim on the ground that you have never treated her with cruelty.
6. You cannot recover from her the gold which you gave to her.
She can file for maintenance u/s. 125 of Cr. Pc, 498a of IPC. Since you are qualified even if you are not working you will have to give her maintenance. The gold you gave amounts for her streedhan which you cannot get it back its her legal belonging.
What you can do is lodge a police complaint against her that the marriage is not consummated and it's because of her misbehaviour she left her matrimonial home. You all are calling her back but she refused to return.
If you do not want to break marriage you can file for Restitution of Conjugal Rights u/s. 9 of Hindu Marriage Act 1955.
Regds,
Adv. Payal
Dear Phanendra sir, you don't worry. I would like to suggest that, you have to issued a legal notice to your wife for come and join within the 15 days from the date of the receipt of the legal notice by narrating all her attitude and she was given mental and physical cruelty on you. If she will not come back and join with you, thereafter you have to file Restitution of Conjugal Rights before the jurisdictional family court. It will very helpful to avoid the cases like 498A, DV Act, and maintenance if she file against you and your parents. You should not disclose your income anywhere or before any person. The FIR is not affect on you to getting US Visa. You simply denied all her allegations on you. Regarding sexual relationship. You don't disclose you are not interest on your wife. You ever said you have interest and love her but she was not co-operate. Refusal of Sexual Relationship is one of the physical cruelty and it is one of the divorce ground. Regarding dowry you denied it. If she file the case on you, you can claim the your 2 lakhs gold from your wife at the time of ending of the divorce case.
