• Marital problem

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.
Asked 4 years ago in Family Law
Religion: Hindu

3 answers received in 30 minutes.

Lawyers are available now to answer your questions.

9 Answers

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 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Act as per your parents advice 

 

file for divorce on grounds of mental cruelty 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You can file a divorce on ground of cruelty against her as a major ground amongst other grounds. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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. 

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

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

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Hi, you can file a Petition for divorce on the ground of cruelty and vaginismus problem.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer