• Divorce

Got married in nov’23 as arranged marriage in Delhi.

Marriage was not consummated due to wife denial. even honeymoon was called in between. 

No force or dowery was demanded. Even majority of expenses was incurred by groom side.

after 1.5 months of marriage, wife left home and reside in PG (Faridabad) in different city due to her job. Girl said to take divorce mutually but after it she stopped entertaining call or msgs. After this a Families meeting were called wherein wife states “is it necessary to have sex after marriage?”

After family discussion, it was clear both girl and boy do not want to carry the marriage. However, girl father is not entertaining call or msgs of relatives. Till now, no false cases were filed.

Before marriage, she was in relationship with a guy in Hyderabad (come to know after she left the home).

Groom side always wanted to connect either for reconciliation or separation (call records, whatsapp chat is available).

Now, wife moved to another city (Hyderabad) for job and probably living or meeting her ex. (No-proof are available)

Questions:
- how to proceed further to get separation earliest?
- is it normal that girl family stopped talking in other cases? What could be probable reasons?
- where she can file cases?? (Delhi, faridabad, Varanasi (her parent home or Hyderabad)
- if i file divorce case 1st then and later she filed false cases, can we say such false cases as counter blast cases. As she left home 8-9 month before?
- if she file false complaint/ case, is immediate arrest is possible?
- if she is meeting her ex or living with him, how to prove it?
Asked 3 months ago in Family Law
Religion: Hindu

2 answers received in 1 hour.

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10 Answers

file for divorce on grounds of mental cruelty 

 

2) wife refusing to stay with husband amounts to mental cruelty 

 

3) wife refusing to have sex amounts to mental cruelty 

 

3) divorce petition can be filed in city where you married or last resided together or where wife is residing 

 

4) wife can file case in city where in cause of action arose or where she is residing ie Hyderabad 

 

5) you can  take plea that false cases are counter to divorce case filed by you 

 

6) there is no automatic arrest .apply for and obtain anticipatory bail in case false dowry harassment case is filed 

Ajay Sethi
Advocate, Mumbai
97233 Answers
7852 Consultations

Non-consumation of marriage amount to cruelty and you can file for divorce on the ground of cruelty. Further, you can also take the ground of adultery, if you have/can gather some proof of it. 

 

Your wife can file cases against you either in Hyderabad, Delhi or even in Varanasi.

 

It depends what kind of case(s) will she file against you, but generally, in matrimonial cases, the husband cannot be arrested prior to investigation by Police and there are directions to police by Hon'ble Supreme Court to be lenient in matrimonial cases.    

Divye Puri
Advocate, Delhi
17 Answers

No, in such cases, it won't be violation of such Articles of the Constitution of India.

Divye Puri
Advocate, Delhi
17 Answers

if you have proof of wife staying with another guy in same hotel room it is evidence of adultery and you can rely upon said hotel record to prove adultery 

 

 

Ajay Sethi
Advocate, Mumbai
97233 Answers
7852 Consultations

1. You can file case of judicial separation and divorce in the courts of delhi as per Hindu marriage laws since it is place of marriage. If you can establish contact with your in-laws, divorce by mutual consent would be a fastest remedy to break the marital ties.

2. Refusal to consummate amounts to cruelty and you are well within your rights to approach the family courts of Delhi Jurisdiction since cruelty is one of the grounds to obtain divorce as per Hindu Marriage laws.

3. In case she files any false case against you, you can contest it on the ground that it is a false case. File quashing petition in HC soon after a false FIR gets lodged against you.

4. Yes, immediate arrest may be possible. If you have such an apprehension, first apply for anticipatory bail in the appropriate court of law.

5. You can collect proofs By obtaining call records, whatsapp chats, etc.

6. Yes you can show the mentioned evidence and it will not be a violation of fundamental right.

Siddharth Jain
Advocate, New Delhi
6386 Answers
102 Consultations

- 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 . 

- Hence, if the marriage is not consummated then you can file a declaration suit before the family court for declaring the marriage as null and void. 

- If you don't have proof of her extra marital affairs then you cannot take this as ground before the Court. 

- If she files a case then you will be given opportunity to reply to her complaint , and randomly no FIR is lodged such type of cases. 

 

You can contact me, if further suggestion needed. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

1. If there is no response from the girl and if it appears that she is no more interested in continuing the marriage, it would be better that the boy may file a contested divorce cae on the grounds of cruelty which will include non consummation of marriage.

2. No reason can be cited for their silence, wait and watch the developments.

3. If she wants to file any criminal complaint she can file from the place where she currently resides or from any other place too.

4. You can take defence that it is an after thought that she filed the criminal cases as a retaliation.

5. You have to collect evidences through yor sources to prove it.

T Kalaiselvan
Advocate, Vellore
87436 Answers
2348 Consultations

The evidence collected to prove her acts of adultery by any means will also be entertained by court.

The evidence is important to the court and not the source of the evidence 

T Kalaiselvan
Advocate, Vellore
87436 Answers
2348 Consultations

Dear Client,

Here are the answers to your questions:

1. File for Divorce:There are two ways of filing for divorce: through mutual consent, and the other is through cruelty. If she does not respond, you can go about a unilateral divorce after establishing the fact that the marriage has irretrievably broken down.

2. Family Non-Responsiveness:Even when it touches on matters of the family, it is not rare to find a family ceasing to be communicative on such issues, and this could be as a result of several reasons, such as feeling uncomfortable or just avoiding the issue.

3. Jurisdiction: It should be noted that one can file for divorce under the specified grounds in Delhi, Faridabad, or Hyderabad as per the places where the couple has resided or the marriage has been solemnized.

4. Counter Blast Cases: If you initiated the divorce by filing for one and then she files false cases, you could claim that they are in response to your action, but each and every case will be tried on its merit.

5. False Complaints: Ordinary arrest is not called immediate arrest; rather, false complaints are followed by investigation most of the time.

6. Proving Cohabitation: To support your statement on the basis that she lives with an ex, you want to produce hard evidence in the form of a witness statement or interaction history.

7. Hotel Proof:Records of hotel stays that have been gotten legally can be used in court, and this is very important. It is also important to be certain that they were acquired legally so as to avoid a violation of privacy.

Thank you.Hope this answers your query.

 

 

 

 

 

 

 

 

 

 

 

 

 

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

It won’t be admissible as evidence As it is invasion of right to privacy. On the other hand, you can get the hotel authority summoned by the court and can get the documents exhibited in court which can be used as evidence.

 

Siddharth Jain
Advocate, New Delhi
6386 Answers
102 Consultations

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