Legal Question in Family Law in India
I got marriage on 4th November 2008 after that I was trying for the sex with my wife but she never allowed but I also did not forced I thought she is shaming.
I stay at home only 12 days with her after that I returned back on my job on 16th November 2008 with out intercourse and she was at home .I was communicating from my job place even I did not understand what she wants and also I was not satisfy from this communication because she don�t want to talk about sex I like sex talk because she is my wife her answer was please don�t talk about sex I don�t like it.
After finish my service I returned back to home on 4th July 2009 that was my first journey after my marriage. I asked her for the sex in the first night when I reached to home she again opposed me for this and did not allowed I lost my night and slept with out intercourse.
Her answer was please don�t do this because I don�t like it I hate it, I can do your personal any type of work for you except this intercourse please leave me I can not bear this pain. When I was trying for the sex she will sit on the bed she never lay down.
Time to time that situation was going towards bad condition lastly one day in the morning she explain me whic I informed to my parents I also want inform you I can not make happy to you, you can another marriage I don�t have any objection.
After that I came to know from her neighbor she is mental disorder that why she don�t like sex you can never sex with her she is sex less. After that her father was forcing me give divorce to my daughter otherwise I can file dowry case against you I feared lastly I divorce her as per Muslim tradition on 18th July 2009
I need your suggestion can I file one petition against that girl and her father. And I need recovery the following properties with the help of this petition.
1) My parents given her so many ornament in the marriage but they did not return back can I recover in the court.
2) I bought one land property for my wife I invested my money but that property was registered with that girl means my wife also did not returned back.
3) If girl was mental disorder why her father did marriage and taken divorce only in 9 months
Thanks with regards
Mohmmed umar Faruque
Religion-Muslim(Bihar-india)
3 Answers from Attorneys
If you have proof that the girl was not mentally fit and is under treatment then you can.
Your further clarification is welcome at nominal fee at;
Advocate
M:09814110005
PB. & HRY. HIGH COURT CHANDIGARH (INDIA)
With Regards
The best option for you may be to file an application in the court for declaring your maarriage null and void on grounds of her refusal to share sex with you; and also to claim return of the assets and properties given to her.
Yes, you may also file a criminal case of cheating against her father if the court declares the marriage as void on the basis of her mental disorder.
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