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Malai (Engineer)     04 June 2014

Can denying sex be a ground for divorce of wife

Respected legal experts


I want to know whether a husband can divorce his wife for not involving in any s*xual activity with him for 1 year or more even though he had requested her multiple times and she is fully healthy physically and mentally. Consider the fact that the couple have a child and they have involved in s*xual activity in past but due to some other problem the wife is denying him the s*xual activity for 1 year and he is not interested in force s*x. Both the couple are in their mid twenties.


Can this be treated as a way of mental torture and can this be accepted as a ground for divorce?


 17 Replies

Malai (Engineer)     04 June 2014

(1-A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-


(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or


(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upward after the passing of a decree of restitution of conjugal rights in a proceeding to which they were parties.


From above clause i believe a husband has to file RCR or Judical separation and wait for an year if wife did not honor RCR or cohabitation did not occur between them, then court will grant divorce in this ground.


Am i correct with my point? Experts please answer.

Gautam Kapoor (IT professional Studying Law)     04 June 2014

denial of s*x is cruelty .. if PROVED.

1 Like

T. Kalaiselvan, Advocate (Advocate)     04 June 2014

Mr. Malai: your second thread has the clarification your have sought for in fact you yourself  defined and interpreted the provisions of law in this regard.  Your observation is right

1 Like

Solomon Raju (Advocate High Court of A.P.)     04 June 2014

Dear Client, Please note that it is a ground. But one shall understand that marriage is a sacred institution with responsibilities to both wife and husband. The wife has to fulfill her duty and husband to fulfill his. It is not like, if husband dont like wife he can have relation with another woman. If woman does not like husband, she can avoid husband for years. Indian Marriage is hailed worldwide for dedication of both wife and husband. But now a days it is loosing its charm and deteriorating day to day as people are becoming so sensitive and unable to tolerate even a small mistake of other partner....Now coming to your point, if a woman denies s*x for more than a year it means she is not at all interested in him. Then what is there to live with him and why shall the man face the horrible life for his life time. It is a pity that because he was married to her, it does not mean that he shall live his entire life in sorrow....Let him be happy..The woman does not have any right to suck out his happiness like this...

Gautam Kapoor (IT professional Studying Law)     04 June 2014

Agree with Mr.Solomon Raju Sir...

How long can a common man wait for his basic need  to be fulfilled. Are they  to gain satisfaction from freelancers if he is not getting it from his legally wedded wife.Is he to turn to immoral activities to suffice his very basic need.

Pradeep kumar Tiwari (Advocate)     04 June 2014

s*x is natural right of both the parties wife and husband. if  u wife is denying for s*x since one year if she is mentaly and physically fit it  is cruelty.  u can take divorce from u wife if u can proof

HAREESH (NIL)     04 June 2014


As per the Hindu marriage Act   Denial of Sex amounts to cruelty and is a valid  ground for  divorce petition

If both the parties appear  it would be a real ordeal  for both -

 Normally  you can expect that your wife may not appear  and a exparty order may be obtained 


Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 June 2014

It is validly accepted by courts as cruelty.




Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

N.K.Assumi (Advocate)     04 June 2014

Marriage is not just living together under one roof. It has it's own obligations and the case clearly makes out a case of cruelty as a ground of divorce.

N.K.Assumi (Advocate)     05 June 2014

heera, if your husband did the same thing to you what would you do? Just sit and watch other married couple having a whale of time as husband and wife, while you just cook, eat and sleep in different room? Is that Love, consortium and Care etc? No way! 

1 Like


Yes denial of physical relationship amounts to cruelty.   However, when you draft the petitin, you have to give count of almost each and every night on which you both were together on bed and that you made efforts and she wilfully refused it.  Never give general pleadings in the petition, datewise...specific allegations..


Anamika Vichare

Advocate, Family Court, Mumbai

Purush Hakka Saurakshan Samittee



1 Like

pushpa (sr. level)     17 June 2014

If husband has some desease which is communicable then s*x can be denied and it is neither cruelty nor the ground of divorce.

gautam (not disclosed)     29 June 2014

In such cases, how can someone prove denial of s*x?

rising up again (FFF)     30 June 2014

gautam - how can this be proved....???

i have tried my way...and hope this will help.........   :D;)

Got myself tattooed in my lower area / near groin and no one knows what image exactly is it and if the wife cannot tell this, there is strong chance the husband can prove no physical involvement.  how will the wife prove that she hasnt even the tattoo....ever !!! 


so, get a small tattoo done asap.... !!! :P do keep a photo and a bill of the tattoo for date reference.   

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