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Can i get divorcee

(Querist) 19 June 2018 This query is : Resolved 
HI,
I am married for last 7 years but till date in between me and my wife never had sex. My wife don't want that. Though she don't has any other relationship. She has no interest about it. For that matter can I file a divorcee? Should I get it?
Vijay Raj Mahajan (Expert) 19 June 2018
You can file for divorce on this ground however you'll be successful will depend on how your wife defends it. If she in her defence state she never refused for sex but you only refused for it, in this case what you've to say?
Kumar Doab (Expert) 19 June 2018
If one spouse willfully keeps marriage non consumate then other spouse has a ground for divorce and right to approach court…
Approach senior LOCAL counsel of unshakable repute and integrity specializing in Family/civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the case related docs etc etc and prepare well in advance before rushing to courts, ………….empty handed, without proper preparation.
Kumar Doab (Expert) 19 June 2018
In the meantime you may go thru;
Supreme Court of India
Yuvraj Digvijay Singh vs Yuvrani Pratap Kumari on 2 May, 1969
Equivalent citations: 1970 AIR 137, 1970 SCR (1) 559
Author: C Vaidyialingam
Bench: Vaidyialingam, C.A
https://indiankanoon.org/doc/1514023/


Kerala High Court
Jibu Mathew Tharakan vs Renila Nina on 18 November, 2008
https://indiankanoon.org/doc/153033/

Bombay High Court
Supriya Subhash Bhatmare vs Shivanand Babaso Swami on 27 April, 2018
Bench: Mridula Bhatkar

https://indiankanoon.org/doc/27160016/
Delhi High Court
Sahil Bansal vs Vasudha on 15 March, 2013
Author: V.K.Shali

https://indiankanoon.org/doc/115429992/
Supreme Court of India
Vinita Saxena vs Pankaj Pandit on 21 March, 2006
Author: . A Lakshmanan
Bench: Ruma Pal, Dr. Ar. Lakshmanan
https://indiankanoon.org/doc/1804316/

Kumar Doab (Expert) 19 June 2018
From your query it is seen that you have patience.
Spend quality time with your counsel...
You may indeed have a good case..and your counsel can polish IT to make IT un-defeatable..
Ms.Usha Kapoor (Expert) 20 June 2018
YOU can file divorce against your wife on the grounds of non consummation of marriage and mental cruelty.
Guest (Expert) 20 June 2018
Yes, you can, but depends on how you are able to prove.
Guest (Expert) 20 June 2018
Yes, you can, but depends on how you are able to prove.
Guest (Expert) 20 June 2018
Yes, you can, but depends on how you are able to prove.
Sudhir Kumar, Advocate (Expert) 20 June 2018
non-consummation is a ground to nullify marriage in Muslim only


in other communities it is a ground for divorce.
Ms.Usha Kapoor (Expert) 20 June 2018
I stickto my above view.
Ms.Usha Kapoor (Expert) 20 June 2018
I stick to my above view
Hemant Agarwal (Expert) 20 June 2018
1. Refusal for Sex, is cruelty, is sufficient ground for Divorce.

2. Apply to court, to conduct Frigidity Test on your wife, for documentary proving.

NOTE: BEFORE taking any drastic /adverse steps, Try Homeopathy medicines for your Wife's problem, and such problems can be solved.

Keep Smiling .... Hemant Agarwal
Ms.Usha Kapoor (Expert) 21 June 2018
Agree with Hemant Kumar.


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