We are an elderly couple in our early 70s from Chennai. Last year we got our son married (arranged marriage) and since our daughter-in-law did not want to move out of Bangalore, my son took a transfer to Bangalore. Our daughter-in-law was living with her parents and on their request my son stayed in their house till such time that a new house be found for the couple to move into. That is when problems started happening. The girl made every possible attempt to stay away from physical intimacy by coming home from office after midnight or by working with her laptop in another room until our son was asleep. She also complained about every house they went to check so our son was not able to finalize any house for the couple to move into. When he discussed these issues with her parents, instead of advising their daughter they complained that the couple should understand each other before they can move into a new house and have a happy married life. When we went to discuss with them, my daughter-in-law had a list of complaints ready about our son and refused to move into a new house with my son. We found a house in Bangalore and are staying with our son now. A couple of months later when I called her father and asked for divorce by mutual consent, he agreed, and we sent them the petition after one year of marriage (as per legal requirements). It has already been a month since we sent them the petition. They are now saying that they need 2 more weeks for making the changes. When we met their lawyer and asked what changes they wanted to be made, we saw that they were minor changes which hardly need a day's work and their lawyer mentioned that he was told to put the changes on hold as he was told that talks for reconciliation are going on between the two families. Obviously they are playing the fool with us. Please guide, if as parents, in addition to the divorce litigation, can we file a case against them for: 1. mental torture and harassment 2. cheating by not revealing the condition of the girl before marriage How long would these legal procedures take?
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Your son can file for divorce on grounds of mental cruelty
2) refusal to have sex amounts to mental cruelty
3) in the event nay settlement is arrived at petition can be converted into divorce by mutual consent
4) your son ought to have filed for anullment of marriage within period of one year on grounds of impotency of wife
5) your son can file cheating case against his wife but then she would file counter case of dowry harassment / DV against your son
If they do not take a final call on the mutual consent divorce, go on and file a contested divorce on the ground of cruelty.
Forcing the husband to live separately from in laws amounts to cruelty. Even denying sex to the husband amounts to cruelty. Non-consummation of marriage is also a ground for divorce.
You have a good case, go ahead and file a contested divorce. Also send a legal notice seeking damages for mentally harassing you
Legal procedure will take approximately two years and yes if you have strong prove that the relevant facts were not disclosed to you, you can definitely file a complaint in the police.
Regards
1. There is no cheating which can be gathered from the statement of facts given by you. It is a case of incompatibility.
2. If she does not agree to mutual consent divorce then your son may unilaterally file a petition for divorce on the ground of cruelty.
3. Ideally it would take around 2 years for the contested divorce petition to be decided by the court.
4. There is a lot that she can do to hit back at your son. Be prepared to face claims of maintenance, 498A and DV Act.
1. First of all it is a matrimonial dispute between the married couple, even though you are the parents of the boys, beyond certain limit, you cannot interfere in their marital discords or strife or conflicts.
Therefore it is your fault to pester or pressurise them (though you tried to reconcile or get them a permanent relief) for divorce. This may have a reverse effect if they decide to file a nuisance or mental harassment cae against you as a retaliation.
Instead you can ask yor son to go ahead with a contested divorce case, which may put pressure on them to come down for a negotiation table for settling the matter amicably.
2. There is no cheating involved in this at this stage, if at all she was not willing to participate in the sexual relationship with him after marriage, he could have filed an annulment petition to annul the marriage for the same reasons citing her to be impotent.
Whatever it is, your son is the right person to initiate any legal action on this and not you even though you are his parents.
