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sanjeev pawar (service)     11 December 2012

Denial of s*x put forward in court

dear Ld members,

pls give your valuable advice on my following point, i have filed a divorce case on grounds of cruelty, main point among other things is denial of s*x on the first and second night of marriage, i put this in my divorce petition, our marriage is over one and half year old, The incidences of first and second night, i bought it to the notice of my family and the girls family members.the girls family had that time apologized to me, and now they are taking a U turn too, and stating that i am lying.  i had also consulted a lawyer on the fifth day of marriage, however the lawyer told me that according to hindu marriage act, i would have to wait for a year to file a divorce, hence i carried forward my maritial life without any s*xual activity for over a year, in between the one year period, i tried to get physical with my wife, but she threatened suicide, and this threat was given in front of my family members, i again kept quiet, as 1 year had to pass by, i had very little knowledge of law at that point of time, hence i believed in what the lawyer said, and carried on to complete one year, now the counter point, the other party is puttting forward is:

why did you raise the issue so late? after one and half year of marriage, it means that your claim is false.

the girl is doing a U turn in court and claiming that we had s*xual relations several times during the entire period, and i was lying.

Dear members, kindly advice me, how to approach this scenario now, and how to counter the points put forward by the opposite party, i am telling the truth here, and just because so much time has elapsed, does this point now carry no weigtage in the eyes of law, and will i be proved a lair? request you all to please give your valuable inputs,


Thanks to alll.............


 5 Replies

Msk-need -nuetral- laws (self)     11 December 2012

Very tough situation indeed! My case is also same. Between is there any real separation between you and her in between the said period! Ane let us know whether you were pulled into other Criminal cases by you. Any recordings or written pieces or mails exchanged in this regard with you? Now you need to depend purely on your presentation to the court

Ranee....... (NA)     12 December 2012

u could go for anullment due to non consumation of marriage.

sanjeev pawar (service)     12 December 2012

hi mani,

though we lived under the same roof, we were separate of each other, not sleeping together, now she is flatly denying all this, and she has also filed an RCR against me, claiming that i am not staying with her, she had driven me out of the house, to which i complained to the womens cell, there she stated in writing that when i go to sleep with my husband. he pushes me away. and here in her WS she says that we were happily cohabiting with each other

kush (engr)     27 December 2012

Similar kind of case was proved in Bangalore High Court. You can get the judgement from the website and also details about this case from internet.

Never Give Up (Fighter)     27 December 2012

There were certain posts on this topic from Tajobsindia , if i am recalling it correctly this is the thread

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