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Author Topic: divorce on basis of refusal of sexual contact ?  (Read 1081 times)

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Offline freefall123

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divorce on basis of refusal of sexual contact ?
« on: September 25, 2017, 12:27:15 AM »
Dear All,

I am married from last 9 months.
Wife is Bank Employee who resides with her parents away from my town.
She was just with me not more than for 2 days consequently.
We never had physical contact and always she said she needed time period i dont know why.
She has broken contact with me from last 3 months.
When i say about opting for Mutually Divorce she denies it.
I'm suffering from stress because all of this behavior.

After one year can i file a divorce case if she will not be ready for Mutual Conscent on basis of this non sexual contact for one year ?

Also she is a govt employee and i'm in private firm having lower salary than her. So i have to given any kind of maintainence OR alimony ??

Please help

Offline adv.amarnath

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Re: divorce on basis of refusal of sexual contact ?
« Reply #1 on: October 01, 2017, 09:52:19 AM »
You can file a case to nullify your marriage for willful refusal to consummate the marriage by your wife. For filing of this case it is not necessary to wait for one year.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline psdhingra

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Re: divorce on basis of refusal of sexual contact ?
« Reply #2 on: December 06, 2017, 09:52:14 AM »
If her income is higher than you, even you can claim maintenance if divorce is granted by the court.
*P S DHINGRA*, with 47 years of practical experience, is the renowned name in providing the Best Practical Solutions for Your Complicated Legal, Executive, Professional & Personal Problems

Offline advjaibansal

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Re: divorce on basis of refusal of sexual contact ?
« Reply #3 on: January 07, 2018, 09:47:43 PM »
Dear Sir,

Denial to consummate the marriage itself a good ground for cruelty to file for divorce. She may not be entitled for any maintenance as she is earning.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Johnh

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Re: divorce on basis of refusal of sexual contact ?
« Reply #4 on: February 08, 2018, 03:12:05 AM »
First of all try to talk to her, try to understand her problem why she is not ready to commit even after marriage. Might be getting married to you is not her decision and she loves someone before marriage. So whatever it may be trying to talk with her. if she is not ready to clear the things you can be processed for divorce.

Offline kalaskarkk

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Re: divorce on basis of refusal of sexual contact ?
« Reply #5 on: June 05, 2018, 12:08:53 AM »

Dear Sir,

The following citation helps you to get divorce on the ground of non consummation .

=========================================================================

Denial of Sex to Husband for long time without any sufficient Cause amounts to Mental Cruelty; SC grants Divorce [Read the Judgment]...

A Supreme Court bench comprising of Justice S.J. Mukhopadhayaya and Justice Prafulla C. Pant, in a judgment delivered yesterday, upheld dissolution of marriage between the parties, on the grounds of denial of sex as amounting to mental cruelty....

The Court observed, “Undoubtedly, not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, itself amounts mental cruelty to such spouse. A Bench of Three Judges of this Court in Samar Ghosh vs. Jaya Ghosh (2007) 4 SCC 511 has enumerated some of the illustrations of mental cruelty.”
•   Consummation and non-consummation FAQs
Dear Sir,
My answers are as follows:
1.   What's the difference with respect to maintenance of alimony when couple are separated in consummated marriage from that of non consummated one?
Ans: The following judgments of SC gives you an idea about this.

2.   How to prove wife refusal for same.?

Ans: Some circumstantial evidences, WattsApp/SMS messages are sufficient.

3.   Does court consider whatever wife says?

Ans: Court is always NEUTRAL.

4.   What other means are there to prove non cumsummation?

ANS: It depends upon the case you can prove it by oral statements or WattsApp/SMS messages. Recordings etc.,

5.   Does court see husband as guilt/cause for non cumsummation
Ans: Court always presumes in favor of husband because man is more towards the sex whereas the woman is less towards the sex. Court never believe that husband denied the sex but it can believe vice versa, it is universally accepted phenomena. The is as follows.



Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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Re: divorce on basis of refusal of sexual contact ?
« Reply #5 on: June 05, 2018, 12:08:53 AM »

 

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