Divorce due to sexual dissatisfaction.

1. S. 13 (1) (ia) HMA is used for plain vanilla divorce for two inputs that you speak about showing it caused ‘cruelty’ to your friend.
2. S. 13 (B) (1) and S. 13 (B) (2) HMA is used for MCD matters. However such inputs as in your brief are mostly avoided mentioning in MCD proceeding as neither spouse like to agree to it in public document during MCD and even if so done it is not blasphemy they are committing writing such admitted facts to dissolve their marriage by MCD route.
3. The words used in your brief are more than sufficient to get a family law cause title based suit matter admitted for further proceedings. Details are all matters of best evidence whose stage comes much later.

A marriage without s*x is anathema the Delhi High Court has said. It is grave mental cruelty of the highest order. S.13(i)(ia) of the HMA is the provision.

Thanks a lot.

“There has to be a healthy s*xual relationship between a normal couple, but what is normal cannot be put down in black and white. Although it is difficult to exactly lay down as to how many times any healthy couple should have s*xual intercourse in a particular period of time, as it is not a mechanical but a mutual act, however, there cannot be any two ways about the fact that marriage without s*x will be an insipid relation,” said Justice Gambhir.

The court said the frequency of s*x cannot be the only parameter to assess the success or failure of a marriage, but it is unequivocal that “marriage without s*x will be anathema”.

Quoting a Bible verse, Justice Gambhir said: “That the twain shall become one flesh, so that they are no more twain but one is the real purpose of marriage and s*xual intercourse is a means, and an integral one of achieving this oneness in marriage.”

Asserting that a marriage without s*x will be reduced into an “insipid” relation, the Delhi High Court has expressed concerns on the spurt in the divorce cases being filed by the urban couples owing to “s*xual incompatibility and absence of s*xual satisfaction.”

Justice Kailash Gambhir further underlined that s*x-starved marriages are becoming an “undeniable epidemic” amid unprecedented pressure on the couples because of today’s urban living conditions.

“The sanctity of s*xual relationship and its role in reinvigorating the bond of marriage is getting diluted and as a consequence more and more couples are seeking divorce due to s*xual incompatibility and absence of s*xual satisfaction,” noted Justice Kailash Gambhir, while adjudicating an appeal against a divorce decree.

The decree was granted in favour of a man, who had alleged that his wife was not interested in having a normal s*xual relationship with him and denied s*x to him even on the first night of their marriage.

“In the span of one year and two months of the married life, the couple had s*x only for about 10-15 times. Also denial by the woman for s*xual relationship on the very first night of the marriage is a grave act of cruelty as healthy s*xual relationship is one of the basic ingredients of a happy marriage,” contended the husband, adding she had also refused to participate in various traditional ceremonies.

As the trial court accepted his contentions and passed a divorce decree, the woman had moved the High Court, challenging this order.

Finding substantial reasons to uphold this verdict, Justice Gambhir cited several judicial pronouncements on the issue and underlined that it was a settled proposition that s*x is the foundation of marriage and that willful denial of s*xual intercourse without reasonable cause would amount to cruelty.

“Indisputably, there has to be a healthy s*xual relationship between a normal couple but what is normal cannot be put down in black and white. Although it is difficult to exactly lay down as to how many times any healthy couple should have s*xual intercourse in a particular period of time as it is not a mechanical but a mutual act, however, there cannot be any two ways about the fact that marriage without s*x will be an insipid relation,” said Justice Gambhir.

The court also noted that the frequency of s*x cannot be the only parameter to assess the success or failure of a marriage because it will vary from one couple to another and also that there may not be a s*xual compatibility from the inception of the relationship but hold it was unequivocal that “marriage without s*x will be anathema.”

Quoting a bible verse, Justice Gambhir further said: “That the twain shall become one flesh, so that they are no more twain but one is the real purpose of marriage and s*xual intercourse is a means, and an integral one of achieving this oneness in marriage.”

All said n done, BUT REMEMBER,

husband has to prove all allegations he puts to get divorce, its very difficult to prove that wife denied s*x in matrimonial cases. What if she says that it was u who remained un interested in s*x.............u dealt with cruelty whenever she demanded intimacy etc etc

If she decides to contest the case, this ground wont give u eary remedy in the form of divorce decree

I DO AGREE WITH THE VIEWS OF MY LD. FRIENDS.

@Adv. Bharat Chugh!!

Sir would you please mention the name of case of aforesaid judgment of Delhi High Court you quoted.

Marriage without s*x is a curse and thus file divorce petition on the ground of mental creulty.