• Divorce

Sir,
it has been 1 1/2 year for our marriage. day by day I discovered many things which were not disclosed prior to marriage and now I can see my wife and parents conspiring against me and my family. i have lost all faith in my wife and this marriage. since I have come to know the actual truth of my wife I have stopped any kind of physical contact with her its now almost more than a year we had any sexual relation though we were staying together. she is waiting for a child and then she have all her plans to harass me and my parents as she knows I m the only son of my parents. one day I caught her false documents in which she had many certificates of government institutes with different date of births. also its had false income certificate of her father. i kept all those things in my bag and locked it but next day morning when i went in my room she locked me in my room broke open my bag and destroyed all the documents. Since then i have left her in her fathers house. she had also defamed me by calling in my office and putting allegations of extra marital affairs on me. she has threatened me for committing  suicide and always says that i m torturing her and harassing her. i have many times asked her for mutual divorce but she never agrees but now i really do not want to continue with her in any way. she had gone to mahila mandal for complain but she herself was found faulty and  was asked for counselling.

sir now please tell me without my consent can Law force me for physical relation with my wife?
till now what ever she has done doesn't it come under harassment against me?
whats the best step for me to take now...? 
she wants to come back to me now but I have stopped her, till when I can stop her? 
Now I do not feel myself safe with her.
***Do myself not involving in physical relation with my wife leads to mental cruelty against her ?
Asked 2 years ago in Family Law from secunderabad, Andhra Pradesh
Religion: Hindu
1) you have been married for 18 months yet you did not consummate your marriage . it amount to mental cruelty . sex is basic necessity . number of judgments on the issue that refusal to have sex amounts to mental cruelty.
 if you refuse to have sex with your wife why did you ruin her life by marrying her . 

2) if your wife does not want divorce you will face an uphill task . contested divorce take years to be disposed of . 

3) if your wife wants to come back accept her . visit a family counsellor and try to save your marriage
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
yes its amount to mental cruelty
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
i think you have got me wrong ,i have simply said it is a ground for divorce,iam not saying that you are also covered in this ,you may have your own reason for not going for sex
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
better consult a marriage counsellor . as on date your wife wants to come back . give her a chance . try to make your marriage work .
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
i think you asked this query earlier also & replied accordingly
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
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Apply for divorce if in your opinion your marriage has reached a point of no return. 

1. No court can force you to resume and maintain sexual relations with your wife. You have the right to say no.

2. Her conduct amounts to gross mental harassment towards you. As a corollary thereto, you are entitled to unilaterally file divorce if she does not agree to a joint divorce. 

3. It does not amount to mental cruelty by you if you say no to having sex with her.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
You cannot be charged with mental cruelty. As I said, apply for divorce if you cannot continue the marriage.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Unilateral decision of refusal to have intercourse for considerable period without there being any physical incapacity or valid reason may amount to mental cruelty. Try to save the marriage by visiting the counsellor. If it is of no help apply for divorce.
Shashidhar S. Sastry
Advocate, Bangalore
1238 Answers
59 Consultations
5.0 on 5.0

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