file for divorce on grounds of mental cruelty

2) wife refusing to have sex amounts to mental cruelty and is ground for divorce 

3) enclose   audio recordings , copy of messages  exchanged with her to prove your case 

Dear Sir,

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.”

The following  answers are help you:

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.

1. How to prove wife refusal for same.?

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

1. Does court consider whatever wife says?

Ans: Court is always NEUTRAL.

1. 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.,

1. 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.

You should file divorce immediately under Hindu Marriage Act.

Absence of intercourse os a ground for divorce and amounts to mental cruelties.

You can definetely file a divorce. It is a cruelty and a valid ground for divorce.

If your partner is intentionally not allowing you to have sexual relationship them also you have a good ground for divorce.

you need to prove allegations that wife refused to have sex 

2)if you dont have call recordings , messages it would be difficult to prove your case 

3) you can rely upon doctor prescription 

Which happens within four wall of room can not be proved directly by evidence or witness. Contradiction of statement of both parties and probable reasons for such denial on part of one spouse alongwith other relevant facts and circumstaces during that space of time would only be the key consideration for court to come to a conclusion as to the truth with a reasonable degree of probability.

See you can file divorce on ground of cruelty no physical relationship from wife amounts to cruelty and further you can file a contested divorce under hindu marriage act on this ground.

See since there cannot be strict proof of same you can file a affidavit stating all.this in your divorce coraborating it with doctors report and other documents.

Respected sir... 

Desertation is itself a ground for divorce and she had deserted you for a long time of three years sir there is very simple solution for that make a call to her in that ask to her that what is my fault that you are not allow me to be intimate with you in that she will herself recipe and admit all the things.... You need not to work and that recording will work for you.. 

Thank you

you need to decide the same that if she is not willing to cohabit like wife then should file for divorce on grounds of cruelty

Dear Sir,

The oral evidence is sufficient. No need of evidence.

oral evidence. spoken testimony given by witnesses in court, usually under oath. 

The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision.

You can file a contested divorce case on the grounds of cruelty and non consummation of marriage. 

The compensation or maintenance will depend on her claim and upon proving your income with substantial documentary evidences. 

You don't have to prove non consummation of marriage with documentary evidences only. 

You can make the pleadings in the divorce petition and argue on it to convince the court,  let she deny your allegations. 

The court will decide after hearing both the sides. 

Dear

You can file divorce on ground of non consummation of marriage even after three years and mental cruelty because denying physical relationship to spouse also a type of mental cruelty.

You may have to give monthly maintenance to your wife in case she files case for maintenance.