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Author Topic: Husband refuses marital intercourse with his wife  (Read 3895 times)

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Husband refuses marital intercourse with his wife
« on: February 09, 2012, 06:41:45 AM »
What relief does a wife have in case of husband Husband refusing marital intercourse with his wife?

Offline tapsash

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Re: Husband refuses marital intercourse with his wife
« Reply #1 on: February 09, 2012, 06:49:11 AM »
Section 13( I) (1 A) of Hindu Marriage Act 1955 lays down that any marriage solemnized whether before of after the commencement of the act, may on petition by either husband or wife, be dissolved by decree of divorce on the ground that the other party has after the solemnization of marriage, treated the petitioner with cruelty.

Term 'Cruelty' has not been defined in the Act cruelty in matrimonial law may be of infinite variety. It can be Subtle or brutal Legal concept of "Cruelty" had varied from time to time as social and economic conditions changes.

Act of physical violence by one spouse to another resulting injury to body Limb or health or causing reasonable apprehension of the same have been considered' cruelty' cruelty for Section 13 ofthe Act need not necessary be physical cruelty only, it also includes mental cruelty In S. Hanumantha Rao v. S. Ramani 1999 Family Law Cases 337 Supreme Court observed that Mental Cruelty as envisaged under Section 13(1) (IA) of the Act means when either party causes mental pain, agony or suffer of such magnitude that it severs the bond between wife and husband and as a result of which it becomes impossible for parties to live together.

In Rita v. Balkishan Nijhawan AIR 1973 Del. 200 Delhi High Court observed that 'If either of the parties to a marriage being healthy and having physical capacity refuses to sexual intercourse, the same would amount to cruelty entitling the other to a decree". Simi larly in Sri Kant v. Anuradha AIR 1984 Kar. 8 it was held 'failure to comply with one of the essential obligation of marital life by husband by persistent refusal to marital intercourse without any cause amount to Subjecting wife to cruelty.

So having considered the case law, wife in the case in hand is entitled to decree of divorce u/s 13(1) (1 A) of the Act on the ground of cruelty by persistent refusal to have marital intercourse by husband without any reasonable cause
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Offline aaronrollen

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Re: Husband refuses marital intercourse with his wife
« Reply #2 on: May 15, 2013, 11:34:53 PM »
Generally hindhu marriages are very precious and they are giving the more value to their marriages. But today the things are not like that, for small reasons also people are taking divorce. To getting it, time is necessary thing.

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