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Stillfighting (TL)     05 December 2012

Denial for s*e cause of divorce

hi,

i know for sure that denial for S*X in married life can be a base for divorce, and one can file a divorce case.

what i would like to know is how does one prove that he we denied S*X during the period when both husband and wife were staying to gether.

 

regards



Learning

 6 Replies

Goutam Prasad (Advocate)     06 December 2012

It is very difficult to prove directly. You can have option to file for annulment on the ground of impotency stating all circumstances.

It is sure that respondent will oppose the same and may even allege you to be impotent. At that stage your advocate's competence will be required much.

Thereafter, you can file application for medical examination and virginity, if it is there, will help you to prove the same.

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RK (adada)     06 December 2012

Meet a Marriage Councellor and sort out the problem rather than going for divorce which is not advisable

Stillfighting (TL)     06 December 2012

thanks for all yourr replies.

the question is not about she being impotent. its that my wife has an affair with some one else and hence her denail for S*X

in such  cases how do we go about. i know i can prove her relation with third person but if i need to prove her denail for S*X how do i go about it.

 

thanks and regards

Stillfighting (TL)     07 December 2012

hi, can some expert throw some light on this point that can help me fight my divorce case.

 

thanks in advance

Goutam Prasad (Advocate)     07 December 2012

If she has affair with any one else, you can directly talk with her and may proceed for mutual consent divorce. In case she has affair, she will not oppose your proposal for mutual consent divorce.

In case you need contested divorce, denial of s*x is no ground. This becomes ground by trating the same as mental cruelty. But, as you know proving same is difficult. Only in case she is virgin and medical confirms the same, you can either explain it to be denial of s*x or to be impotent if not physically then at least mentally as being not ready to s*x, which is common. Either way its all interpretation of same thing in different ways, which your advocate may argue better.

https://www.aegisjurist.com

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Mithun (medical rep)     07 December 2012

 

Is that valid , IF husband talking on her having the  ground of s*x and  recording in hidden camera  when she refuse by talking ,has the court consider this as a valid evidence ??  second point  ,  touching her  from the husband side on the s*x desire and she is refusing , the same is recording on the hidden mob camera ,would be enough for the court to consider as  a evidence  ? has  the court considering under mental cruelty and  husband can apply for  a divorce based on  that ?

PL  help replying on this ground ??

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