Wife refuses to consummate the marriage.
I have been married in July 2010. From first night my wife has negative attitude as it was against her wish and threatened me she will do abortion if she become pregnant.I came to Bangalore with her after 12 days of marriage.I was trying to appease her and went to visit few places in Karnataka. She sometimes shown love with me as well but sometimes threaten to divorce as well. On 23 rd September 2010 her Brother in law came and took her with him, she took most gold jewelry as well.later on i saw her marriage profile active at on matrimonial site. and when father called her brother on Deepavali , he told she gone to Pune to search job.My brother and others had gone to her place ,but she denied and told that she would talk me face to face .Later on I gone to my native place and call her brother but they didn't came.
Then we filed case in court for Marriage Restoration (section 9) ,Then she asked for maintenace of 50000 rupees per month.During counselling by judge she told that we have expelled herfor dowry and want to come back if I agree her all conditions , But outside of court her brother told for divorce , but they are asking 3 lakh more rupees and not returning our jewllery worth 1 Lakh.
I was fired by company in Feb 2014 and not got job till yet and she was doing job before marriage,but not now. Now my advocate suggest that we should file divorce case(section 13). Now I have doubts- 1.If I ask for divorce then Will I have to give more maintenance to her ,as she will get sympathy of court? 2 .Should I take back my marriage restoration case ?
The quantum of maintenance does not depend upon the nature/type of matrimonial suit. In other words the suit for divorce does not compound the existing legal dispute as widely misinterpreted. If you think that in the changed circumstances the suit for restitution of conjugal rights is no more a reality then after withdrawing it you can file suit for divorce. It is your call and you have to take this.
Related IPC Sections
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