Divorce

3 years ago

Soon I will file divorce petition in family court on the ground of cruelty against wife for non consummation from last 1 year. My wife alongwith 2 kids is living separately from last 4 months. I have sent restitution of Conjugal Rights notice to her in this month and given 14 days for coming back, and mentioned that failing which appropriate legal measure will be taken in the court of law.

My question is how to prove non consummation from last 1 year in the court of law and shall I attach restitution notice & her reply (if received) as annexures alongwith divorce petition to be filed in family court next month ?
Please guide

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Anish Palkar

Responded 3 years ago

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A.Yes, You can proceed along with divorce petition to be filed in family court next month. Better Luck..

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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Your affidavit and oral evidence is sufficient to establish the non consummation of marriage.
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Anand Shukla Legal Practitioner,Legal Consultant & Advisor

Responded 3 years ago

A.Dear Sir,
Remaining away from marriage itself states non consummation

Thanking you,
Anand Shukla, Delhi High Court,
Vidhikarysa Legal Practioner/Advocate

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