If you both go for mutual divorce there is no complication. But if contested divorce is filed then false allegations and other cases will be invoked by either of the parties which can lead to Complications
Deprivation of physical relationship
Dear Sirs, Here's my suffering story in brief: 1) I got married in the year 2004. It was a love marriage. 2) After two months my wife was pregnant, but due to bad financial crisis and my wife unwilling to leave her job, we decided to terminate the pregnancy because there was nobody to bring up the child. 3) The Doctor insisted me a lot to keep this child but I knew that we couldn't because the situation was very grim. Also my parents were aged and had their own difficulties. So finally the child was terminated. 4 years passed, instead of improving my financial condition became worse, and this forced us not to have kids, through contraceptives. Also due to the fact my wife was adamant on not to leave her job, main reason being she was supporting her mother debts and paying of her brothers studies. After 2009 all of a sudden I observed that my wife began getting hostile and stopped giving me any kind sexual pleasure. At that time I did not mind because of my own bad financial conditions. However, after 2014 my financial condition sky rocketed and became very good and stable. But my wife's behavior continued to be the same. Whenever I requested her for a physical relationship she kept postponing it saying as "we'll do it next Saturday, ...then Sunday...then again next Saturday....this went on for years and years, testing my patience. I never got a chance to have a peaceful relationship...at the most it was like "cmon whatever you want to do finish it quickly!!" She not only kept depriving me of sex, she started making funny statements, like, go have sex with your pet Cat...go find a prostitute...go to our neighbor aunt she will satisfy you...all this was so frustrating. When I complained this to my mother-in-law she said it's because you did not give her kids, Which is not true because it twas due our unfavorable conditions and with our mutual understanding. Still, hearing my mother-in-law's advise I approached my wife and insisted that we can still have kids as now everything is favorable and since she was still below 40. Here's what she answered: "Bhaag yahan se!" Meaning, Get lost you idiot! Few days ago after a lot of requesting when I finally managed to make her sleep with me at night, I found her wearing a Maxi on top, a salwar inside and a panty inside, How the hell anybody can have sex with three layers of protection...it's kind of joke being played with me! A mental torture inflicted to me since last 10 years. It seems this is all pre-planned, an intentional ploy to torture me, but I really don't know why? I am a migraine patient and it's affecting my health a lot! Today when I told her, that it's enough I want to have a Divorce, she replied, OK I'm ready! My question is can there be any complications for a Divorce in this situation? Kindly enlighten me! Thanks so much for your time!
Asked 6 years ago in Family Law
Religion: Hindu
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11 Answers
It is a clear case of cruelty.
File divorce case on this ground. Wife can not deny normal physical relationship with her husband.
It shall be a strong ground to get decree of divorce.
Advice: Talk clearly to your wife that if you are denied to sexual relationship in normal course you shall file divorce case on this ground.
After that you go for divorce.
Do not come into a fix. It is your lawful right to have sex with your wife up-to a reasonable degree of normalcy.
OK I see you already have talked in this regard.
Now do not go for mutual consent divorce. Never. You may trap in legal loopholes of which you may not have any idea. You may even have to go to high court for contempt of court having no other option.
File contested divorce petition before she files because if she files it in her home town other than your, you will be required to attend the court there although you may engage lawyer at that court.
See if she is ready for mutual divorce then you both can decide terms of maintenance /alimony if any though you deny giving same as she is earning and she failed to perform her conjugal duties for all these years. If she is ready file a mutual divorce file joint petition before the court.
In case she is not ready for mutual divorce file a contest divorce on ground of cruelty as there is no physical relationship and it amounts to cruelty.
file for divorce by mutual consent
2) if wife refuses divorce by mutual consent then file for divorce on grounds of mental cruelty
3) wife refusing to have sex amounts to mental cruelty and is ground for divorce
1. Well, she must have been suffering from mental ailment which often makes a person suffer from phobia to have sex.
2. So mere pressure or persuasion will not do when medical intervention or counselling alone can resolve the crisis.
3. If she refuses to undergo any medical treatment or counselling then I wonder your marriage will die a natural death soon.
4. So you have the option of filing a contested divorce suit on the ground of mental cruelty.
Reason of her indifference is unknown, merely not had child is not a reason because it was mutual. Well, can file for mutual diovrce and get rid of this relation.
No complications.
- Convince your wife to agree for Mutual Consent Divorce. Better to opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by your parents and relatives etc.
2. In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.
3. The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.
4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.
sexual relation is also part of marriage. This is also one kind of cruelty. You can file divorce petition for divorce before compentent court.
If she is also agreeing to give you divorce then there would be no complications.
You should go for mutual consent divorce.
Or you can have counseling session with some therapist to improve your sex life with her if you want to save the relationship.
If the situation is intolerable you may opt for divorce.
You can give this as a reason for divorce.
You can file a contested divorce case on the grounds mental cruelty due to her non cooperation in the conjugal relationship and for non cohabitation for years together, thereby depriving you of the marital pleasures which causes you constant mental worries leading to a state of mental depression.
If she agrees for mutual consent divorce then you can opt for it and then look for remarriage.
Dear Sir,
Please refer the following judgments:
Denying sex to spouse is a ground for divorce: Delhi HC
‘Spouse denying sex is mental cruelty’
If done for a long period and without reason, it entitles victim to seek divorce, says High Court
: Denying physical contact or sexual intercourse to one’s spouse for a long time without justification amounts to mental cruelty so as to entitle the victim to seek dissolution of marriage, the Delhi High Court said on Thursday.
A Bench of Justices Pratibha Rani and Pradeep Nandrajog said so while upholding the decree of divorce granted to a man, an employee with the MCD, by a family court on grounds of cruelty. The man had told both the courts that his wife used to quarrel with him and deprive him of cohabitation and physical contact without any reason.
