• Is it compulsory to have sex and live with mentally disabled person

I am husband .

before marriage my fatherin law did not told me that his daughter which he
offered me to marriage was mentally retardant last stage ! chronic level .

After Marriage she has done much mental, physical and money and RESPECT Loss
to me and my parents and my business

Now Lady Police is pressurising me to sleep with this Mental Attacking (Threatneing me
in back of Lady Police that I will kill you or myself if you don't sex with me) (I've sexed with my wife 
when I did not knew that she is mentally ill last stage for upto 5 months from my marriage date)

NOW my parents are very threatened by my wife's paternal home and my wife's father
to suit me.

my question :
1. is it compulsory and legal binding to sleep and have sex and live with such
attacking mental lady (declared by doctors of my living city)
2. If My Marriage is Illegal, then also it's compulsory and legal binding
to have sex and live with such attacking mental lady (declared by doctors of my city)

at my marriage time, I was unknown, my wife was legal wife of Someone's else Hindu Person
which my wife told after 4 - 5 months from marriage date.

Now 3 years has passed from marriage date. I've Filed a  Null and Void Marriage Suit /PARIVARIK Case in Family Court/Parivarik court to pass a decree to stay this marriage as null and void
and take divorce.

now it's compulsory and legal binding to sleep with such mental attacking lady?

I AM SO PARESHAAN. PLS. HELP ME
Asked 2 years ago in Family Law from Kota, Rajasthan
Religion: Hindu
1) if your wife was already married at time of your marriage your marriage is null and void . your wife could not remarry during subsistence of earlier marriage .

2) if your in laws had suppressed facts about her mental condition at time of marriage you could also apply for annulment of marriage during first year of marriage on account of fraud . it cant be done now as 3 years have passed since your marriage 

3) you cant be forced to have sex with your wife who is already married to some other person

4) in the event any false case is filed by your wife like 498A obtain Anticpiatory bail   and contest it on merits
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1) since your wife was already married   at time of your marriage in 2011 her second marriage  to you   is illegal and you cant be forced to stay with her . 

2) you have already filed case for declaration that your marriage is null and void 

3) you should obtain copy of  your wife medical reports, record threats received  and lodge police complaint against your wife  of criminal intimidation if she threatens you
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
1. You are not bound to have sex with your wife. Ignore the advice of women police. Nobody can force you to have sex with her. It is beyond the authority of police to ask a husband to have sex with his wife. 

2. If you wife was the legally wedded wife of some one else at the time of your marriage to her, then your marriage to your wife is illegal. Hindu law does not allow bigamous marriages. You can file a criminal case against your wife for suppressing from you the fact that she is already married to some one else. Furthermore, you can also file a suit for damages against her. 

3. If your wife files a case for dowry harassment against you then immediately file for anticipatory bail and then contest it on merits.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. Your suit for nullity of marriage is likely to be dismissed as you could not have filed this case after 3 years from the date of your marriage. It ought to have been filed within one year.

2. What lady police is suggesting you to do is totally absurd. Move to High Court and apply for protection through a Criminal Miscellaneous Petition.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. You can not be forced to have s*x with your wife under any circumstances,

2. Your marriage is void at law since she was not divorced when she married you,

3. You have already filed an annulment suit,

4. You have a veru good chance to win,

5. Lodge a police comaplaint about the pressure of the Mahila police under copy to S.P. after which file a case u/s156(3) of Cr.P.C. praying for a direction upon the polioce to investigate and act based on your complaint.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Hi, your marriage with your wife is null and void as she her with you during the subsistence of first marriage is not valid as per law. A hindu can't perform second marriage during the subsistence of first marriage.
2. You already filled a petition before the court to declare that your marriage is void marriage so you need not necessary follow the instructions of police.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Dear Querist
my opinion on your queries are as under:

1. is it compulsory and legal binding to sleep and have sex and live with such
attacking mental lady (declared by doctors of my living city)
Opinion: It is not mandatory. Nobody can force to doing sex without his/her consent, if anyone doing this then you may file a complaint against that person. as you informed that the lady police is threatening to you  then you may file a complaint against her before police authority or file a complaint before National Human Right Commission or state Human Right Commission.

2. If My Marriage is Illegal, then also it's compulsory and legal binding
to have sex and live with such attacking mental lady (declared by doctors of my city)
Opinion: No it is not mandatory.


as you informed that you already have filed a suit/petition for declaration this marriage as Null & Void, so no need to worry, fight your case on merit.
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Your wife got divorce after her marriage and her marriage is hided by her parent then you can prosecute her parent for the offence of bigamy under section 107/494 of IPC. She is lunatic so she can not be prosecuted. you marriage is void ab initio. don't worry file a complaint before competent judicial magistrate and prosecute them. sleeping and having sex has no matter in your case. but you should collect all evidence of threats and other facts which tend to compel you to establish sexual relation with your wife. your case is strong and also you can get divorce on the first hearing of the case
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
Hello,
1) You can not be compelled to have sex with anyone against your will.The women police in no way is authorized even to suggest this to you.You can file a complaint against the erring police women.

2) As your wife was married at the time of marrying you and subsequently obtained a divorce your marriage to her is illegal and is not a marriage in the eye of the law.

3) As you have already filed a case before the Family Court to get the marriage declared null and void, wait for the verdict of the court.

4) While the case is pending in the court you are not obligated to maintain the marital relationship and especially in the light of her insanity.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
Sex is not a mechanical process. It would be emotional and biological. Nobody can force you to have sex with your wife. It is beyond the authority of police to ask a husband to have sex with his wife. Sex has a huge significance in a relationship. If a spouse does not allow the partner to have sex for a long time, without sufficient reason, it amounts to mental cruelty, and a ground for getting a divorce.

Your marriage is void under the following ground.
1.	Your wife had badly affected mental illness at the time of marriage 
2.	She is not legally divorced at the time of her second marriage
3.	All this facts are not reveals to you at the time of marriage and it is suppressed her parents from you
4.	All these amount to cruelty, good ground for divorce.

You can also file criminal and civil cases against your wife and her parents for damages and suppression of material facts and cheating.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0

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