Hapless Husband (VP) 19 March 2012

Can denial to conjugate be termed desertion?

My wife and I have been married for 11 years and we have a six-year-old son. We live together but have never got along with each other. My wife has denied me physical relations almost throught our married life. The last time she allowed me was when my son was conceived. Since then, we have had no s*xual contact.

I have spoken to her about but she has refused. Now, I have decided to shift out of my home and live separately. I am also planning to file for divorce.

I would like to request experts advice on -

1. Can denial of conjugal rights be treated as desertion; and

2. Does it constitute grounds for divorce?

3. Can she file a complaint against me for desertion, and if yes, what consequence would I have to face.

Thank you gentlemen in advance.

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6 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 19 March 2012

Laws are gender biased and unless you can prove what you say there is long long journey ahead in court battles.

Anything you try to fix will take longer and cost you more than you thought.

Ranee....... (NA) 19 March 2012

https://www.lawyersclubindia.com/forum/Man-granted-divorce-as-wife-denied-s*x--34195.asp

Go through the above link.

Hapless Husband (VP) 19 March 2012

Thanks JSDN, Ranee.

Have been going through other threads in this forum and it is appearing to me that despite both of us knowing that we are completely incompatible, I will not be able to get a divorce from her untill and unless she agrees to give me one.

This, in spite of the fact that I have never mentally or physically harassed my wife and am more than willing to fulfill all my commitments towards shelter, maintenance and every other material need of her and my son after the divorce.

What's worse, I run the risk of being harassed by her falsely filing pleas under draconian sections of law (Sec. 498 A)! Sad, indeed!

I mean, surely there must be some recourse open to guys like me...