See for the cruelty and abuse you on ground of cruelty can file divorce against your wife. The burden of proof shall be upon you too prove the cruelties and faults of your wife before the court .
It is 2.5 Years since our marriage- I could not have sex with my wife. I have gone through every necessary medical check for my sexual problems- The report says all the tests are normal and the reason being is mind- Mental depression or stress or anxiety. This is not actually understood by my wife we have so much verbal abuse-harsh usage of words-so much wrong suspicious and etc. I am being broken day by day and I could not come out from my psychological issues- i am being bombarded with so much of harsh words which literally breaks me. In this regard I wish to apply for divorce and get rid of all things - How about the possibility??
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See for the cruelty and abuse you on ground of cruelty can file divorce against your wife. The burden of proof shall be upon you too prove the cruelties and faults of your wife before the court .
1)best option is to file for divorce by mutual consent
2) in the consent terms it can be mentioned that marriage has not been consummated
3) pay lumpsum amount as alimony to wife in full and final settlement
You need to decide what you want to do. Be with her or file divorce then only a specific advice can be given
Dear Sir,
Yes. In India and maybe in certain other countries, it is a valid legal reason for divorce.
Sex is an important part of relationship and marriage. Apart from being recreational, it has certain other benefits also such as improving emotional bonding due to hormones. As such, without sex, in relationships, a couple may drift emotionally apart due to lack of physical intimacy between them.
Getting a divorce in your situation is more of a mental work where your every act should be calculated.....and well planned.
1. As you say, you both do not fight....sit with her parents / brothers etc and talk to them about the basic problem... If this can be sorted , do that. Go to a marraige counsellor and take expert help. Am sure, things can be rectified and you will have a good life...
2. If nothing works out and you find getting a divorce, the only option...then start planning. Consult a good seasoned divorce lawyer...not every lawyers can handle this well. You may first, get your proofs ready, build a strong case, grounds of divorce also is important and you would need evidences along on every thing you say.... Even if you say, you both have'nt had s*x ever, how will you prove this ?? What if she says, you both had it last night only.....then you cannot prove her wrong. So, start collecting evidences on all the trauma you facing because of her.. Collect recordings where she asking for your house as alimony for a MCD, etc etc etc..
You are at disability, if you will aplly for divorce on the ground of your disability but wife objects for divorce, your petition will dismiss.
And in case court granted you divorce on above ground than wife can claim so many reliefs against you as you are responsible for marriage failure.
So whatever may be the ground of divorce, it should b wife.
Hi
You should try to get your wife agree for a mutual divorce.
If she is not agreeable, then file for divorce on cruelty ground and during the trial see if you can get the help of the court mediation to end the matter amicably.
You can't get divorce on ground of you not able to consummate your marriage ,as you can't ask for a divorce on ground of your own wrongs.
The very same issue of non consummation of marriage will go against you in the court as this will be your wife ' s case/defense .
In a unilateral petition if you are initiating on ground of cruelty by her ,the verbal and emotional abuse can be cited and have to prove in court
First try to convince your wife for a mutual divorce and end it amicably .
The divorce petition should be filed in the family court citing all these grounds which come under mental cruelty.
Regards
Denying sex to husband for a long time without any justification amounts to mental cruelty and is a ground for divorce. You may approach the Family court and seek divorce
better file for mutual divorce .
Deprivation of sex is ground for divorce. You can also file for divorce under cruelty.
If you have not done sex at a single time from your marriage day one, than you can apply for divorce under non consummate.
Dear Concern,
Please note -
01. As per the Hindu Law, a marriage which has not been consummated in between the parties is no marriage at all. This ground per se will let you get which you are looking for.
02. Besides, you can file your case under the ground of cruelty and you will be awarded with the Divorce.
03. Prepare a date sheet detailing everything as to what has happened on what date and what is the proof available to back that event of that date. This date sheet should be from the time this marriage was proposed till now. Collect all the relevant proof backing up the story as per your date sheet and meet any good advocate of your choice with the proof and date sheet. He will help you proceed further with your case.
My best wishes to you.
1. It is your own statement that you could not have sex with your wife in your 2.5 years of marriage. Due to denial of sex to wife frustration is bound to pervade her. So the cause of action to file the petition for dissolution of marriage is with her, not you.
2. Be that as it may, if there is a positive agreement between both of you then you may apply for mutual consent divorce.
1. On what ground you want to apply for divorce against your wife?
2. it is your s*xual non performance which has caused this problem with you. Ordinarily almost all the persons have tension and anxiety in life and despite that they are performing well s*xually.
3. Your first step should be to get your self treated treated first going to the doctor along with your wife.
4. Once you recover your s*xual interest on her after being treated, all your problems are likely to be over.
- Since, all the reports are positive and against your sexual propblems. hence it would be difficult for you , to prove the case on the ground of inability to do sex , and Court will not gant order of divorce .
- Further , If you can't be intimate with your wife, whether physically or emotionally, or both, you cannot expect to having a lasting relationship wih her . Hence you should try to convince her for a mutual divorce.
- If , she not agree for mutual divorce, then you should file a divorce petition on the ground of mental cruelty by the wife , and non consumation of marriage for longer period.
- During the trial , Cout will give you to resolve the matter amicably as well .
You can go for divorce on the grounds of cruelty if you're not able to tolerate her tortures anymore.
You may fall under temporary impotence category since you're suffering from psychological disability and not physical disabilities.
However if you're not able to convince her nor she's willing to cooperate or understand you then you can better plan to quit this married life by dissolving the marriage by a decree of divorce.