• Deprivation of sex in 4 months of marriage

I got married on 11th feb 2016. Since first night I have not had any sexual relations with my wife.. She told me that I have to live like this life long.. Now 4 months are over, and we did not have any sexual relation till now.. Then she had hidden facts from me like, she was engaged already with some one. Her first engagement was broken due to some reason.. All facts were hidden from me.. And when I asked her about her first engagement.. She left my home in anger.. I don't want to live with her anymore.. Plz help... She has accepted that she did not have any relation with me and I have a audio recording of that
Asked 7 months ago in Family Law from Pune, Maharashtra
Religion: Hindu
Hi, Till completion of 1 year you can't file a divorce petition after completion of 1 year both of you file a petition for divorce on mutual consent.

2. It is better settle the matter amicably.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) refusal to have sex amounts to mental cruelty 

2) you can file for divorce on grounds of mental cruelty on expiry of one year of marriage 

3) only in exceptional circumstances can you file for divorce before expiry of one year of marriage 

4) divorce by mutual consent is best option as it takes only 6 months 
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
1) if yiur marriage has taken place in Trivandrum and you resided with your wife in Pune you can file for divorce in Pune or in Trivandrum 

2) for divorce by mutual consent you have to stay separate for period of one year before filing for divorce 
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
Hi, you can file petition for divorce either in Trivandrum or in pune.

2. Normally divorce by mutual consent will take 7 to 8 months.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
under Section 14(1),of Hindu Marriage act it shall not be competent for a Family Court to entertain a petition for dissolution of a marriage unless at the date of the presentation of the petition, one year has elapsed since the date of the marriage. However, proviso to Section 14(1) relaxes the rigor thus created by Section 14(1) and enables consideration of applications for dissolution of marriage presented before the expiry of one year since the date of marriage, provided the case is proved to be one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent. The proviso further contains a rider that if it appears to the Court at the hearing of the main petition that the petitioner obtained leave as provided under the proviso to present the petition by any misrepresentation or concealment of the nature of the case, the Court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the expiry of one year from the date of the marriage or may even dismiss the petition without prejudice to the right of the parties to approach the Court on the expiry of the one year period prescribed under Section 14(1)

2) in your case  the parties have not lived together and the marriage  has  not been consummated.

3)you can apply to the court that it would fall under exceptional circumstances . it is for the court to decide whether case has been out for granting leave to file for divorce before expiry of one year of marriage 

4)Family Court is empowered to grant leave to present a petition before expiry of one year provided the petitioner establishes that the case is one of exceptional hardship to him or exceptional depravity on the part of the respondent.
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
You can apply for annulment on the ground that the marriage has not been consummated by her due to her past which was concealed from you. The petition can be filed where the marriage took place or where you lived with her. Divorce by mutual consent cannot be filed earlier than a year from the date of marriage.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
The completion of one year from the date of marriage is needed to file a divorce petition. But you are not like to continue the relationship then you can apply for declaring your marriage is null and void under the ground of none consummation of the marriage and fraud.Unconsummated relation or non-consummation means couples are either unable to have successful sexual intercourse because of fear or lacking the power to perform penetrative sex.
There may be many reasons for non-consummation. These may include:
1.	Lack of emotional involvement.
2.	Fear of sexual act.
3.	Inappropriate advice or information from friends and family before marriage about first night and sex
4.	Vaginismus (terrible cramp at the entrance of the vagina, which makes penetration impossible)
5.	Lack of arousal and less lubrication for the female
6.	Dyspareunia (painful intercourse)
7.	Thick hymen
8.	Erection problems or an inability to copulate
9.	Fear of pregnancy
10.	Sexual abuse in childhood

Signs of non-consummation
1.	Lack of desire for sex
2.	Irritating or painful experience while attempting intercourse
3.	Difficulty in insertion of penis into vagina
4.	Softening of penis while performing intercourse
5.	Ejection of semen before penetration

Divorce by Mutual Consent is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised in 7 months. However there may be cases where the decision to part may not be a mutual one, and it is only one party who considers the union to be troublesome and worth getting rid off. Such situations lead to Divorce being contested.

You can apply the case before family court Trivandrum.Divorce by Mutual consent saves time, money and energy for both, leaves no room for unnecessary quarrel and most importantly avoid washing your dirty linen in public.But you have to wait for till 2017 FEB
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
Dear Querist
You may file an annulment petition before family court based on her impotency under section 12 of Hindu Marriage Act.
Where both of you lived together lastly or marriage was solemnized.
Divorce by mutual consent can be finished in six month to 18 months.

Feel free to call 
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
4.9 on 5.0
If your marriage wasn't consummated and your wife is not cooperating or refused to have conjugal relationship with you, and if the same is continuing then you can suspect her to be impotent.
Thus based on the non-consummation of marriage owing to her impotency you may file a petition to annul your marriage by a decree of nullity due to the said reason.
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
What are those exceptional circumstances and who decides it???? One more thing my marriage took place in trivandrum, kerala.. I live in pune. So where can I file for divorce??? And divorce by mutual consent will take how much time from the date of my marriage??

A  petition to dissolve or annul the marriage can be filed at the place of marriage or the place where both resided last together or the place where she resides now.
For Filing a divorce petition here should be a separation for atleast one year between two. You can wait for one year to file divorce on mutual consent grounds too. 
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0

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