Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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No compliance of marital obligations as a reason for divorce

(Querist) 23 March 2013 This query is : Resolved 
I am a 30 years old man married for 3 years and having a daughter from my marriage. My wife never cared about marital obligations and we have lived a sex starved life since we got married.

We do not have any physical contact from last one year in spite of living under same roof.

Is this appropriate reason for a separation?

If yes, How and where should I apply for the divorce in bangalore(session or high court)?
prabhakar singh (Expert) 23 March 2013
Frigidity may be the reason and a good homeopath can treat her.you should consider about your daughter also otherwise it may afford a ground.Petition would be in Family court.Unless a separate campus is provided by the state,it would be located within campus of civil court.
Devajyoti Barman (Expert) 23 March 2013
Yes, this is a good ground for divorce as refusal to sex with spouse amounts to cruelty.
ajay sethi (Expert) 23 March 2013
visit a family counsellor . he can suggest appropriate solution . you have a yyoung daughter . dont rush for divorce .

may be your wife is so preoccupied with looking after young daughter that she may be very tired at end of the day . also may be afraid of getting pregnant again .

discuss with your wife as to why she does not want sex .
valentine thakkar (Expert) 24 March 2013
Husband filed Restitution. Wife filed divorce under Special Marriage Act ON CRUELTY. Amendment after affidavit of Exam in Chief by wife-opposed but allowed. Order passed in favour of wife; but amendment could nto be made within 14 days. Condonation for 10 days granted after 14 days and amendment made, amended pettion filed. Cost paid. However, Opponent adv. filed review application saying amendment order expired after 14th day and now fresh condonation on expired order possible in law. What could be the outcome? Urgent pl.
ajay sethi (Expert) 24 March 2013
instead of concentrating on techniclaites fight case on merits . delay in carrying amdements has been permitted by court .
Raj Kumar Makkad (Expert) 26 March 2013
Delay in the given case can be got condoned as the attitude of the courts is that technicalities should not come in the way of deciding the valuable rights of the parties.


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