Legal Question in Family Law in India

I am married for 16 months and the marriage has not been consumated yet because of non co-operation from my wife's end. She has always pushed me away and not shown any interest at all. The girl denies this in front of elders, community leaders and Councelling centres. She does not even want to leave me because she has a younger sister yet to be married. She has threatened me and my family that we will face consequences after her sister�s marriage. I have planned to apply for a divorce.

1. How can i prove non consummation of marriage when i apply for divorce since this will be the main reason for divorce?

2. Can i apply for divorce while both of us are staying under the same roof or do i need to file for divorce when she goes to her parents house for a week?

Kindly advice / help

AK


Asked on 3/09/11, 10:57 am

1 Answer from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

Non Consummation of marriage is very difficult to prove but your ground is not going to be non consummation but CRUELTY that would include non consummation as well.There are judgements of supreme court in which parties are staying together but not performing marital obligations and have got divorce but i would want you to file for divorce when she is not living with you and staying with her parents or some where else.

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Answered on 3/09/11, 2:21 pm


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