Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 8851046564

Author Topic: my wife refusing to have sex with me can I divorce her  (Read 8624 times)

0 Members and 1 Guest are viewing this topic.

Offline alok12

  • Newlaw
  • *
  • Posts: 5
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
my wife refusing to have sex with me can I divorce her
« on: January 27, 2013, 09:49:28 PM »
We have been married for over 3 yrs now, Everything was fine till the past six months my wife has stopped having sex with me, she says she is not interested any more, and i am tired and frustrated pursuing her.

Can i file for divorce? as this marriage is not working for me at all

Offline advkartik

  • Veteran at Law
  • *****
  • Posts: 156
  • Karma: +4/-0
  • I this is advocate kartik, ask me your law query
    • View Profile
Re: my wife refusing to have sex with me can I divorce her
« Reply #1 on: January 27, 2013, 09:52:14 PM »
Delhi High Court has passed a Judgment: Denying sex to spouse a ground for divorce
Read it here this might help:
In a marriage, a man denying sex to his wife and vice versa could amount to cruelty and may be a ground for divorce , the Delhi High Court observed on Saturday. The chances of annulling a marriage could be higher if one of the partners denies sex to the other on the wedding night itself.

The verdict was passed by Justice Kailash Gambhir while upholding the lower court's decision to grant divorce to a man who was refused sex by his wife on their wedding night and was subsequently made to wait for the next five months.

The couple had got married on February 17, 1991 and the lower court verdict allowing divorce to the husband was delivered in February 2001.

In this case, the testimony of the husband that the wife was never responsive and was like a dead wood when he had sexual intercourse with her remained unchallenged, paving way for the court deciding in the man's favour. The court took cognizance of the wife's decision to deny sex to the husband, especially on the very first night, and then not to actively participate in it, as an act of cruelty and a blow to the institution of marriage.

Citing various Supreme Court judgments on the issue, Justice Gambhir said it is evident that willful denial of sexual intercourse without reasonable cause would amount to cruelty.

The high court, however, said the frequency of sex cannot be the only parameter to assess the success or failure of a marriage as it differs from couple to couple as to how much importance they attach to the sexual relationship vis-a-vis the emotional attachment.

There may be cases where one partner may be overtly sexual and the other may not have the desire to the same level, but otherwise is fully potent, the court observed.

The high court said in matrimonial cases, more often than not it is a challenging task to ascertain as to which party is telling the truth as usually it is the oral evidence of one party against that of the other. What happens within the bedroom is either known to the couple themselves or at the most to the members of the family.

"Whether the couple has had sex and how many times or have had no sex and what are the reasons can only be established through the creditworthiness of the testimonies of the parties themselves," the court said.

Consequently, the absence of a proper rebuttal would certainly lead to acceptance of testimony of that witness whose deposition remains unchallenged, the high court said while dismissing the appeal of the wife.

Offline aaronrollen

  • Jr. Legal Expert
  • **
  • Posts: 23
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: my wife refusing to have sex with me can I divorce her
« Reply #2 on: April 29, 2013, 06:27:17 AM »
In this current society we are having so many number of sex lawyers, so once contact them and tell your whole problem with your wife. So he can helps you in giving the solution and divorce, in online also you can find them.


File a Consumer Complaint
Property verification
Call: 9873628941

Lawyers in India - Listed city wise Mumbai
lawyers in London
lawyers in Birmingham
lawyers in Toronto
lawyers in Sydney

lawyers in Milan

Delhi - New Delhi
lawyers in New York
los Angeles
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2017
Get Free legal Advice here from top notch lawyers in India