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Sexless Marriage
1 week ago
I have been married in 2010. We have a daughter of 12 years. From last 3 years I am working in another city. Coming to them twice a month. Now It's been almost 1.5 years my wife deny for sex, also talking rudely to me. No phone calls nothing. I only call daily to talk to daughter. She is chatting with her male friends. I have some proofs of it. On this ground can I go for divorce?
A.Dear Client,
Section 13 of the Hindu Marriage Act (HMA) lays down the grounds for divorce, which include Adultery, Cruelty, Desertion, Conversion, Mental Disorder, Unsoundness of mind, Venereal Disease, Renunciation, and Presumption of death. The Delhi High Court has ruled that denying sex to husband for a long time without proper justification amounts to mental cruelty and is a ground for divorce. Further, the Karnataka High Court and the Allahabad High Court have also ruled on similar lines and held that refusal to consummate the marriage without sufficient reason constitutes cruelty and is a ground for divorce under HMA. However, the courts stated that the same cannot amount to cruelty under IPC. Hence, the denial of sex for a long time of time can be a ground for divorce based on the facts and circumstances of the case. If required, you can consult an advocate for further advice and assistance in the matter.
Hope it helps.
Thank you.
Section 13 of the Hindu Marriage Act (HMA) lays down the grounds for divorce, which include Adultery, Cruelty, Desertion, Conversion, Mental Disorder, Unsoundness of mind, Venereal Disease, Renunciation, and Presumption of death. The Delhi High Court has ruled that denying sex to husband for a long time without proper justification amounts to mental cruelty and is a ground for divorce. Further, the Karnataka High Court and the Allahabad High Court have also ruled on similar lines and held that refusal to consummate the marriage without sufficient reason constitutes cruelty and is a ground for divorce under HMA. However, the courts stated that the same cannot amount to cruelty under IPC. Hence, the denial of sex for a long time of time can be a ground for divorce based on the facts and circumstances of the case. If required, you can consult an advocate for further advice and assistance in the matter.
Hope it helps.
Thank you.
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A.Dear Client,
If the mental agony arising out of ill-treatment or misbehavior of your unruly and errant wife has now reached an extreme level having no scope of reunion despite possible efforts, you may consider judicial separation or divorce on the grounds of mental cruelty to resolve the matter permanently. Mental cruelty as a ground for divorce was inserted after the Marriage Laws (Amendment) Act, 1976. It states that a decree of divorce can be obtained by either spouse if one spouse has treated the other with cruelty. Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. The appellant needs to prove that further continuance of the matrimonial relationship is harmful to the mental health along with physical health of the appellant. The party seeking divorce on the grounds of cruelty can submit audio, video or written evidence to prove his or her claim. If there is no possibility of cohabitation and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the District Court praying for a decree of divorce. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. If the couple has a child from their marriage, the wife may also demand maintenance for the child. On dissolution of marriage through a decree of divorce, the custody of a child below 5 years of age is given to the mother. As per the Guardians and Wards Act 1890, once a child achieves the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of a child by either parent. Fathers can get sole custody of their children. To do so, first and foremost he must establish the unfitness of the mother before the Court seeking the custody of the child. The court must also feel that the father meets the "best interest standard" of the child. In addition, there are aspects of a custody case where fathers may have an additional burden to prove that mothers do not. These include paternity, the primary caretaker role, and home environment quality. Only in case, if the court feels that the mother is unfit to take care of the child, the custody will go to the father. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
If the mental agony arising out of ill-treatment or misbehavior of your unruly and errant wife has now reached an extreme level having no scope of reunion despite possible efforts, you may consider judicial separation or divorce on the grounds of mental cruelty to resolve the matter permanently. Mental cruelty as a ground for divorce was inserted after the Marriage Laws (Amendment) Act, 1976. It states that a decree of divorce can be obtained by either spouse if one spouse has treated the other with cruelty. Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. The appellant needs to prove that further continuance of the matrimonial relationship is harmful to the mental health along with physical health of the appellant. The party seeking divorce on the grounds of cruelty can submit audio, video or written evidence to prove his or her claim. If there is no possibility of cohabitation and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the District Court praying for a decree of divorce. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. If the couple has a child from their marriage, the wife may also demand maintenance for the child. On dissolution of marriage through a decree of divorce, the custody of a child below 5 years of age is given to the mother. As per the Guardians and Wards Act 1890, once a child achieves the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of a child by either parent. Fathers can get sole custody of their children. To do so, first and foremost he must establish the unfitness of the mother before the Court seeking the custody of the child. The court must also feel that the father meets the "best interest standard" of the child. In addition, there are aspects of a custody case where fathers may have an additional burden to prove that mothers do not. These include paternity, the primary caretaker role, and home environment quality. Only in case, if the court feels that the mother is unfit to take care of the child, the custody will go to the father. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
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