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sanjeev pawar (service)     26 July 2012

How to prove denial of s*x by wife in marriage

hi members,

just a query to ask, during our one year old marriage, there was never a s*x intercourse during the entire time we have been together, as  i was always denied to have it by my wife,  now i am filing a case of divorce in the court, on the grounds of denial of s*x, however, i would like to know how will i prove it in the court of law, as law always relys on evidence, experts pls advice



Learning

 9 Replies


(Guest)

1.She should be vargin is one criteria.

2. Another she should be impotent.

sanjeev pawar (service)     26 July 2012

@rajkumar........but virginity can be lost by other means too and not s*xual actvity alone, and how do u prove impotence in wife, i can understand that for a man, but for wife??


(Guest)

Yes, virginity can be lost by other mean but who listen a male in divorce case.

If she not doing intercouse what does is mean: Impotence but has to be prooved medically.

rajiv_lodha (zz)     26 July 2012

Almost impossible to get contested divorce on this ground alone. She may also object that its u who is impotent................specifically to her if need be.

Also be prepared to 498a train coming this way ahead

R.K Nanda (Advocate)     26 July 2012

By filing medical report of ur wife duly certified by competent doctor of govt. hospital, in court.

Tajobsindia (Senior Partner )     27 July 2012

I disagree to all repliers here.

 


By following below one can prove on cause title of thread post.
 


1.
Stating in petition paras and being self offered for cross examination that respondent / wife "didnot perform s*x on very first night" you can prove cause title.

 

2. Stating and being self offered for cross examination that Respondent / wife was "unresponsive" by her conduct while having s*x on sibsequent nights. Here is your case wherein you say in 1 year of marriage she denied s*x. Law sees it to be as that petitioner / husband did approach respondent / wife for s*x but she was "unresponsive" means was never responsive and was like a dead wood when you had s*xual intercourse with her and this should remain un rebutted during cross examination. It is not thus that I am saying here the petitioner / husband had s*x with his wife only about say 10-15 times from the date of his marriage within a period of 1 year, but the cruel act of the respondent / wife of denying s*x to the petitioner / husband especially on the very first night and then not to actively participate in the s*x even for the said limited period for which no contrary suggestion could be given by the respondent / wife to the petitioner / husband in her cross-examination which will prove the case in hand.

 


3.
By stating in your petition that respondent / wife "has withdrawn" from the company of the petitioner / husband "without any reasonable cause or excuse" and cross examination one can provce the fact.

 

4. If so its "effect to matrimonial life" of spouses has to shine out from your petition.

 

5. The respondent / wife has treated the petitioner / husband with "cruelty" is also to ooze out form your petition.

 

6. Its "relief" will then be granted in your favour.

 


Above are the ingredient parameters based on which petition on cause title should be made / revolve around drafted by a seasoned petitioner writer with factual matrix inputs supplied by you offcourse and further offering oneself for cross examination and in absence of any corroborated evidence from respondent / wife except "wrong and denial" by respondent / wife reply the case becomes all yours to win at the end of the day.

 


Study 10 times some of the following as eg. placed here case laws (there are so many others too but then you will get bored I have a early feeling about that - reasoning - her epeople love instant one line solution and if not recived they pounce replier with their 'faulty" matrix.....);

 

Mrs. Rita Nijhawan vs. Mr.Bal Kishan Nijhawan AIR 1973 Delhi 200

Shankuntla Kumari vs. Om Prakash Ghai AIR 1983 Delhi 53

Samar Ghosh vs Jaya Ghosh (2007) 4 SCC 511 [para 101 (xii)]

 


No need for subjecting wife for virginity test for god sake. There can be "false virginity" too in such metro wife and out of the 8 tests that are done to prove virginity or lack of it 7 are now allowed in medico legal cases and 1 has become little controversial and this thread post is for god sake not a medico legal case for simple mention in thread post word "s*x" Bhai logo thoda jago sabhi thread medico legal nahi ho jate hai {people here wake up not all petitions become a case for medico legal intrusions as made out by all the repliers without application of mind]


[There are 1 + 6 sati savitris' (link) here in LCI otherwise I would have placed here judicial wisdom on virginity test as followed by Medicos in medico legal cases but that Igyan matters are left for appropriate time ...........]

1 Like

sanjeev pawar (service)     27 July 2012

dear TAjobs........thanks for your kind  reply and advice. appreciate it a lot..........

sanjeev pawar (service)     27 July 2012

dear tajobs,

with refernce to your above adivce, what could possible cross examination questions be, considering the above scenario which i have written, that wife has denied s*x, time and again, considering my above statement what could the defence cross examinations possible be that come to your mind, thanks once again. i really appreciate your detailed advise given above.

Tajobsindia (Senior Partner )     28 July 2012

Originally posted by : dlf
  with refernce to your above adivce, what could possible cross examination questions be,XXXX  

I’m impressed by your above question.

Reason:
No Advocate found.
No Chamber discussion happened.
No Advocate appointed.
No vakaltnama placed in file.
No petition drafted.
No petition paras mentioned.
No petition filed.
No whisper if petition admitted or dismissed on want of jurisdiction or on technical grounds.
No Notice served to respondent.
No Order sheet of first few dates disclosed.
No reply by respondent mentioned.
No reconciliation proceeding outcome spoken about.
No admission-denial happened.
No issues framed.
No evidences submitted.
No witness list submitted.


Yet the only thing that happened was there was only a “way out with few similar judicial pronouncements” discussed based on authors very first query.

BUT, then I still like your question on “cross examination” part.

I admit failing to your one and only one question by not addressing it correctly but the moment I try that, the next question would be to write down the Judgment and Decree thereof in favour of this thread post author.

"I can lead a horse to the water, but cannot make it drink." 
bze this is a free legal portal site and "free services" shall 'just' end at some point.

Hence, allow me to pull out now from this thread post board.

Thank you.


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