File for divorce on grounds of mental cruelty
2) wife abusing husband and in laws amounts to mental cruelty
3) wife refusing to have sex amounts to mental cruelty and is ground for divorce
I have been married since 2019 and facing issue with my wife vaginusmus issue . We didnt participated in sex till now. And on other hand i found her dairy where her past affairs has been listed .she is also rude withmy parents and shouted on them and everysingle one when i raised vaginusmus issue and we also found a dairy where she wrote that my mother is a bitch and other very very offensive words like bitch and others .Now i need help to resolved my issue getting divorce and what all necessary actions to be taken.
I have been supporting her from past 2 years for treatment .But she was not intrested to support for treatment. She scolded my parents like hell in her personal dairy.She took an oath from me for lying about vaginismus problem and also threatened me that she will commit sucide if i report this issue. Hence i did not revealed this matter and rrcently i spoke about this to her parents . She shouted yelled at my parents since j revealed this matter and her parents took her to their home.Now my parents keeping pressure for getting divorced and i am struggling in between how to tackle this situation.Please guide.
File for divorce on grounds of mental cruelty
2) wife abusing husband and in laws amounts to mental cruelty
3) wife refusing to have sex amounts to mental cruelty and is ground for divorce
- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
Further, As per Delhi High Court, physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce,
- Further, under section 12(1)(a) of Hindu Marriage Act, non consummation of marriage is a ground of divorce and annulment of marriage .
- Hence , when your marriage is not consummated due to said her diseases , then you can file a petition for declaring the marriage as null and valid.
- Further, for your safety , you can lodge a compliant as information to the police after mentioning that she is threatening for committing suicide , and if such happened then you will not responsible for the same.
1. Convince your wife to agree for Mutual Consent Divorce.
2. By opting for MCD, the couple can mutually and amicably settle their disputes and come out of the marital life and start life afresh.
3. The MCD saves time and money.
Dear client,
you may file for divorce under section 13 or for judicial separation under section 10 of the Hindu Marriage Act, 1955 on the grounds of cruelty.
Thank you
Since your marriage has not been consummated due to her Vaginismus problems, you can file a petition under section 12 of Hindu Marriage Act seeking to annul the marriage stating that she is impotent and the current ailment is incurable.
Besides you can add the issue like her cruel behavior and other related problems that have been cause by her despite being an impotent and unable to continue the marriage as there are no possibilities for procreation, which is the main purpose of marriage.
You can state ion yor petition that she never allowed the marriage to be consummated for the fear of pain during intercourse.
You can also mention that she is suffering from vaginismus which is incurable.
Vaginismus is an involuntary tensing of the vagina. People experience it at the start of sex, while inserting a tampon or while getting a pelvic exam.
Vaginismus is the body's automatic reaction to the fear of some or all types of vaginal penetration. Whenever penetration is attempted, your vaginal muscles tighten up on their own.
Vaginismus can make intercourse painful
You can discuss with a local advocate and proceed if there is a possibility to file an annulment petition or you can file a divorce petition on ther grounds of cruelty.
You can take a considered decision whether to continue with this marriage or to dissolve it if it is found to be beyond tolerance.
A marriage may only be voidable on the following grounds: the marriage has not been consummated because of the incapacity of either party to consummate it. non consummation due to the willful refusal of the respondent to do so.
Impotency that is physical unfitness for consummation must be proved or there must be facts from which they can be inferred. The proof must not be suspicion probables, but has to be vehement presumption.
You may discuss with your parents on future life as well as about the continuance of this married life on the basis of her incurable disease/ailment