• Wife denying sex from first day of marriage

Hi Expert,

I am married on 29 April 2013,but my marriage is not still a roller coaster ride.My wife denied me sex on the first night when asked she said that she required time for this.I respected her decision.But just after 3 days we planned for honeymoon,since we are planning to move out on Sunday. But sudden on Friday night she complains on loose motion and in the morning she said i having loose motion so i told her to go to her mom's house.She was sleeping on bed and suddenly wake up and called her brother who took her.When asked her about our honeymoon she said to cancel it.But even though i said her to give me a call on Saturday about her health so that we can go to our honeymoon but my she does not called me whole day.So i cancel my honeymoon and i incurred a huge loss since i withdrawn on the last moment.We had informed to her parents of her weird behavior but her father said manage it just it wont happen with his daughter.
The same thing happen every night she gets frighten even if i hold her hand.Days passed i was furious and but ask her calmly that we need to have sex but for the avoiding chaos like a last time and agreed but she was literally dead body during sex.It was just me who's enjoying the good moment.She never initiate sex till to date 16 Feb 2014.We had only about 10 times sex since this one year everything has been communicated explained to her but she repeats again and again.I come to home from office late night around 1 clock Monday to Friday, even she works and earns 15000 salary and i earn 42000 per month.I told her that we can have sex on Saturday and Sunday because i never force her to have sex on odd days because that will disturb her sleep and i control my desire.But nowadays even after telling her that to wait for me on Saturday and Sunday before going to bed she goes early at 10 pm and when i comes early around 10.15 pm back to back she lies that she has head pain or stomach pain or fake me that she is sleeping by turning back towards me.I pampered her with gifts, chocolates, movies,branded decent clothes, outing everything but she rejected and throws  and says she don't know where she kept it  and she comes out with me only when i force her.I know i wont get divorce till i completes 1 year, but what can i do? i want divorce from her any how and i am not in mood for any compromise because her parents are not taking my complaints seriously even though after complaining her behavior 5 times.
Help and guide me what can i do to seek divorce and do i have to give her alimony if i get divorce.Do we need to go for medical test i am ready for it if courts order. What precaution should i take in this 1 year?
Asked 3 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1. If you have made up your mind to divorce her then you may apply for divorce to the court. Denial of sex is a ground of divorce as a marriage without sex is an anathema. 

2. You may ascertain her willingness to go for mutual divorce. If she is willing to go for mutual divorce then a joint case of divorce can be filed wherein both of you may mutually agree to a specific amount of alimony. 

3. If she is not willing to divorce mutually the she may file a claim for alimony in the court, and you will then have to pay to her the amount ordered by the court. 

4. The court might order medical tests.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
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she wont have share in your flat . however in case she files DV case she would have right to stay in said flat or can demand alternative accommodation . 

since your wife is earning Rs 15,000 per month she may not get maintenance . however court may direct you to pay her alimony    as lump sum payment . we cannot say how much court will award but it will be a reasonable figure 

it is better to obtain divorce by mutual consent
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
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1. The cancer battle fought by her father does not have any nexus with your rights to divorce her.
 
2. Your wife cannot get any share in your flat, albeit she may be given by the court the right to continue to live in your flat. Alternatively, you may be ordered to give her separate accommodation at your expenditure. In view of the fact that she is earning Rs.15,000 per month you may question her entitlement to claim alimony. She may put to strict proof of insufficiency of her income. The amount of financial support, as also whether it will be one time or continuous, cannot be predicted by us. As I said earlier, convince her for mutual divorce.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0

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