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Author Topic: Ground for divorce  (Read 923 times)

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Offline jayhere

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Ground for divorce
« on: October 15, 2017, 02:12:56 PM »
Here are the chain of events:

1. I married a working lady last Jan (arranged marriage), while I was working abroad. She came to stay with me (abroad) for 10 days soon after marriage, before she returned to India to rejoin her job.

2. There was no physical relation between us due to her unwillingness (no evidence), and we never lived together thereafter. She also said that she was not willing to bear child and we should adopt (no evidence).

3. After returning she stayed in her parents place till today and never visited my parents (her matrimonial home in India).

3. I soon came to know (through the list of medicines she consumed during the 10 days of staying with me) that she has severe anemia, gastritis (ulcers), severe IBS, and depression (she consumes depression medication, which can have side-effects including lack of desire for physical relation). These also include severe eating disorder and a very low quality of life (for instance she is never willing to eat outside in restaurants or drink any coffee or tea). I was not informed about any of this before marriage. (I have evidence for all this).

4. I returned back to India (quitting foreign job), and raised these issues with her and her family. This invited a barrage of insults from her family, and false accusations on me, about how I had mistreated her during the 10 days she stayed with me. She and her family lied about me and my family and threatened me of dire consequences if I did not normalize the relations (some of these insults has been recorded).

3. They made it clear that they would never go for mutual divorce, and would contest any divorce case filed by me in court, since she was not willing to break the relationship.

I would never be able to trust her and I don't want her in my life anymore. She works very close to her parents home, and she needs to be always treated as a sick person, and everything has to be done for her. I am unwilling to bear this responsibility for life. Plus physical relation is important to me, while she lacks any desire (possibly due to her medical condition).

Are there any grounds on which I can get a divorce? How difficult would it be to get divorce? How long can it take? Do I need to pay alimony? Any informations or suggestions would be helpful.

« Last Edit: October 15, 2017, 02:16:05 PM by jayhere »

Offline advsarmaroy

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Re: Ground for divorce
« Reply #1 on: October 16, 2017, 07:38:35 PM »
since she is working she may not get maintenance.

sine your marriage is not consummated, you can file for annulment of marriage. due to incapability of your wife for physical relationship.
Advocate Sarmaroy
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Offline advjaibansal

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Re: Ground for divorce
« Reply #2 on: December 18, 2017, 05:35:05 PM »
Dear Sir,

Hiding about her past medical aliments and consuming medicine is not a ground to file an annulment petition. There are different and unique grounds for taking annulment of marriage.

Based on your facts, you should file for divorce on the grounds of cruelty. Certainly non consumption of marriage will be one of the grounds in your divorce petition.

Jai Bansal, Advocate
Supreme Court of India
jai bansal
Advocate, New Delhi
Supreme Court of India
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