Basis of divorse and alimony

This query is : Resolved 
 


Querist : Anonymous (Querist)
22 February 2019

One of my friend married last year in Feb'18. Till date his wife is not allowing him for any kind of physical relationship. when he asked for reason she is saying that it is not a duty to do physical relationship, whenever she feels comfortable she will do. now my friend wants to end up this relationship but is afraid that she will ask for alimony. I want to know whether in this scenario whether she can ask for alimony considering that she is also earning very well.


Vijay Raj Mahajan (Expert)
22 February 2019

Willful refusal for physical relationship is act of creulty and fit ground for divorce and your friend if can prove it in court by sufficient evidence can succeed in getting the marriage disolved.
As far alimony and maintenance issue is concerned that the wife may seek but the court will check the financial status of both parties before deciding that issue. If she is working and has sufficient means to maintain herself, she may not be allowed any maintenance nor alimony.



Guest (Expert)
22 February 2019

The Supreme court Bench of justice Sudhanshu Jyoti Mukopadhaya and Justice Prafullah C Pant had said the unilateral decision or refusal for intercourse for a considerable period with out there being any physical in capacity or valid reason would amount to Mental Cruelty. " Mental Cruelty would cause more Injury than Physical Harm " the Bench had said.


Querist : Anonymous (Querist)
22 February 2019

Whats is the sufficient evidence require to prove that his wife is not allowing him to do a physical relationship.


Vijay Raj Mahajan (Expert)
22 February 2019

What evidence the husband has of the wife refusing physical relationships? All depends what all the husband has to say and bring on record of the court to prove charges of refusal by wife for physical relationships. The evidence is sufficient or not will be decided by court.

P. Venu (Expert)
23 February 2019

The evidence could only be oral testimony. However, the crux of the issue could be the stand that would be adopted by your wife.

Dr J C Vashista (Expert)
24 February 2019

No separate evidence can be made available or is required, your statement is "more" than sufficient, which shall have to accepted and remain un-rebutted.


Querist : Anonymous (Querist)
24 February 2019

There may chances that when my friend will file divorce due to captioned reason, she will not accept this and may charge on him some false allegation. To avoid such situation i want to know what kind of evidence will help him to prove in court that not maintaining of relationship is unilateral decision of her.

Martin S. (Expert)
21 March 2019

All depends on when divorce notice was given,



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