Wife deny for sex can file for marital rape
Innocent hubby
(Querist) 11 November 2015
This query is : Resolved
My wife deny for sex right from 1st wedding night till her leaving from matrimonial home within 3.5 months. I used this ground in my divorce case under section 13 (1a). Can she defend with the help of marital rape.
Devajyoti Barman
(Expert) 11 November 2015
Refusal to have sex is gravest kind of mental cruelty and is a good ground for divorce. 'It is a ground for declaring the marriage as null and void as well.
Guest
(Expert) 11 November 2015
Your problem seems to be a hypothetical problem or an academic query.
By the way, do you feel that the experts are a group of astrologers to predict for you, whether your wife will dend the case on the marital rape or otherwise.
However, if there is any truth in your case, this a good case for spoiling life of both husband and wife, rather than dealing with the problem psychologically. If you have filed a divorce case within a period of merely 3.5 months of your marriage with the ground of sex that reveals as if you made marriage merely for the sake of sex.
Innocent hubby
(Querist) 12 November 2015
Dhingra sir, first of all I filed a petition of RCR or alternative grant for divorce u/s 13 (1a). She left me within 3.5 months. After filing my petition she complained to police about false 498a. I got interim AB. She lodge a complaint after a month she left me.
Guest
(Expert) 12 November 2015
Mr. self styled innocent husband,
Your query on the issue of divorce was, "can she defend with the help of marital rape," which was quite irrelevant in your case of divorce or 498a case, if any exists. Contrarily, you have never mentioned about 498a case in your original query.
A question arises, with what assumption you have expected the experts to guess on which plea she would defend her divorce case without giving any valid description of your own case. What she would do, that she or her lawyer may have to plan how to counter your divorce case. Another pertinent question arises, when you would have hired services of a lawyer, even for your AB, besides your divorce case, why you have not asked your question from your own lawyer as to with which help she would counter your divorce case and what strategy your lawyer would adopt to sustain your case?
Thinking logically, when she has filed 498a case, why you expect that she would counter your divorce case and why she should not try to get rid of you that easily through divorce you planned? So, your query, in itself, is quite illogical.
If you are really facing with any such case, better discuss the issues of your doubts with your own lawyer and come on this platform with his views, if you still feel unsatisfied with his answers.
Rajendra K Goyal
(Expert) 12 November 2015
Consult local lawyer, show him full case file and discuss.
Plea of rape by husband may not help her much.
Kumar Doab
(Expert) 12 November 2015
Your wife's lawyer will defend her interest.
Your lawyer will defend your interest................and if your post is true it has already been pointed out that marriage can be declared null and void.
You may post what is your lawyer's view that you want to discuss.
SAINATH DEVALLA
(Expert) 12 November 2015
U said denied sex right from the first night,where does marital rape come into picture when both of U are not involved physically.The above legal experts have given right suggestions and U need to answer some questions raised above.
K.S.Srinivas
(Expert) 14 November 2015
Denial sex is a ground for divorce as it amounts to causing mental cruelty.
