• Can lack of ejaculation lead to divorce

Hi,

I have been married for 5 years. I am 32 and my wife is 29 . Both of us are working . My wife earns more than me. I get normal erections during sex. But I don't get ejaculation . But, when I watch porn movies, I get ejaculation. My wife keeps complaining about this problem and threatens me with a divorce. Can lack of ejaculation result in divorce? Please advise what should be my stand in this case? Should I still live with my wife? What case can my wife file against me? Will it result in divorce? If so , do I need to pay any alimony? Thanks in advance
Asked 2 months ago in Family Law
Religion: Hindu

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13 Answers

Watching too much of porn and masterbating leads to disorders, go visit a doctor and spend more time with your wife having physical intimacy and do it everyday, things will change for sure, more so if you dont rectify this you will face divorce proceedings which may end up paying huge alimony and property, so its upto you to decide which one you want

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Consult a andrologist regarding your inability to achieve ejaculation after having sex with your partner 

 

wife can file for divorce on grounds of mental cruelty 

 

in case of divorce you have to pay alimony to wife 

Ajay Sethi
Advocate, Mumbai
80471 Answers
4927 Consultations

5.0 on 5.0

It is not a valid ground of divorce. No divorce case can be filed by your wife. 

Neither it is a valid ground for annulment of marriage. 

If marriage is not consummated owing to impotence then only it would be a valid ground for annulment of marriage. 

No need to pay maintenance for this health issue.

You should get treatment for this. Going careless for long time can give different meaning to your intention. Keep records of your treatment. 

 

 

Kallol Majumdar
Advocate, Kolkata
2792 Answers
4 Consultations

5.0 on 5.0

1. It is for you alone to decide whether you should live with her or not.

2. Failure to ejaculate is incomplete sex. Supreme Court has ruled in a number of judgments that marriage without sex is anathema. Hence, this is a ground for divorce.

3. She can seek maintenance under 125 Cr.P.C. and/or DV Act and also file 498A.

4. If you can prove that she earns more than you then you may escape being held liable to pay maintenance.

Ashish Davessar
Advocate, Jaipur
30295 Answers
879 Consultations

5.0 on 5.0

As per Medical examination, it is highly impossible to say by physical examination whether a particular man is potent or impotent and the premature ejaculation means a person who attains a climax and ejaculates prematurely without spending sufficient time in the intercourse.

In your case premature ejaculation is one form of sexual dysfunction, but that does not mean that there is total Erectile Dysfunction 

In case of impotency there will not be any erection or minimal erection and a person will not be able to penetrate. In case of premature ejaculation there will be erection but coitus cannot prolong to certain extent that the person feels satisfied.

it is clear that the behavior of a person with impotency may be on account of various circumstances like if he feels that the other partner is not co- operating he may show hostile reaction towards the partner or if he is trying to suppress information there can be a tendency to exaggerate problems of a partner trying to show that she could be the reason for his impotency.

 

This cannot be considered as cruelty even if she files a petition seeking divorce from you.

Having regard to the sanctity and importance of marriages in a community life, the Court would always consider whether the conduct of the counter-petitioner (you) is such that it has become intolerable for the petitioner(your wife) to suffer any longer and to live together is impossible, and then only the Court can find that there is cruelty on the part of the counter-petitioner. This is to be judged not from a solitary incident, but on an overall consideration of all relevant circumstances.

 

Therefore you may remain silent without initiating any action in this regard, if at all she files any case seeking divorce, you can challenge the same properly and legally as per provisions of law.  As far as alimony is concerned, if she is employed and drawing a a handsome salary then she may not be eligible for alimony or even maintenance.

T Kalaiselvan
Advocate, Vellore
70524 Answers
985 Consultations

5.0 on 5.0

Hello,

  1. Lack of ejaculation by itself cannot form the basis of getting divorce. However this can be viewed as cruelty to wife and cruelty is a ground for divorce.
  2. As yours is a medical/psychological condition it can be treated and resolved. So whether you should live with her is the decision only you can make.
  3. You are liable to pay alimony incase of divorce. Your being able to prove that she earns more can help you get a reduction in the amount of alimony.

S J Mathew
Advocate, Mumbai
3114 Answers
125 Consultations

5.0 on 5.0

1. Lack of ejaculation has not be mentioned as a ground for seeking decree of divorce.

 

2. Impotency is the ground for divorce.

 

3. Consult a doctor to treat yourself.

 

4. Your wife will not be entitled to  any maintenance/alimony since she is earning more amount per month than you.

Krishna Kishore Ganguly
Advocate, Kolkata
25047 Answers
722 Consultations

5.0 on 5.0

Dear sir,

It is a settled principle of law that mere lack of ejaculation is not a ground of divorce. It would have been a ground for divorce if you were not able to get an erection. 

You can continue staying with your wife if your relationship is otherwise compatible. Both of you should consult medical professionals to help you out with this problem.  

In the event of divorce, you might not be required to pay alimony if your wife is earning more than you and has more assets than you. 

Agam Sharma
Advocate, New Delhi
610 Answers
4 Consultations

5.0 on 5.0

If you're wife is working woman than you need not have to pay alimony to her, but as of now you can have treatment on your ejaculation problem from good doctor and sort this problem soon plus you can defend this point against her question.

Ganesh Kadam
Advocate, Pune
11850 Answers
116 Consultations

4.9 on 5.0

Your wife can file a divorce petition against you on grounds of impotency although it is not impotency. It seems that you reach climax only when you are in a certain environment ie watching porn.

Now you may visit a psychiatrist for this. You may tell her this.

She may demand alimony in case she decides to go ahead.

Rahul Mishra
Advocate, Lucknow
11781 Answers
23 Consultations

5.0 on 5.0

Failure to ejaculate is not ground for filing Dowry harassment case 

 

best option is to file for divorce by mutual consent 

Ajay Sethi
Advocate, Mumbai
80471 Answers
4927 Consultations

5.0 on 5.0

If you can file a divorce case in India you better file it in India itself. 

Let she resort to implicate you in false cases,  you can obtain anticipatory bail and challenge her false cases properly on merits. 

T Kalaiselvan
Advocate, Vellore
70524 Answers
985 Consultations

5.0 on 5.0

No, this is not a ground for 498A either. However, she can implicate you by giving false statements, in which case, you'll have to defend yourself. 

File for Divorce in India. There is no need to file at both places. 

Agam Sharma
Advocate, New Delhi
610 Answers
4 Consultations

5.0 on 5.0

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