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Dipika   26 September 2016

Divorce of ground of saying no to s*x from husband

Hi,

I got married 8 months back (Feb2016) & from day 1 my husband is saying no for s*x, can you please share how to get divorce on this ground. And I need my money back whatever we have spend in the engagement & marriage. And please confirm how much time & expenditure will be for lawyer & other things?



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 35 Replies

adv.bharat @ PUNE (Lawyer)     26 September 2016

Dipika ji there are several ground on basis of which divorce is filed.

U are just married take your own time try and understand your partner need.

Try to solve the matter amicably. Get mediation for the same.

Divorce is not the solution for your problem.

If u like my suggestion then give THANK on my profile.

Dipika   26 September 2016

Bharat, Thanks for your reply.

My husband also wants a divorce, as he has mentioned that he is Impotent.

ambrish (service)     26 September 2016

Dear Dipika,

Your husband has accepted the impotancy as per your response. So, you have multiple grounds to obtain divorces. Not allowing S*x is one ground, mututal is another, Not doing S*x is crulity also.

in that way,  your legal position is strong.

Warm regards

Ambrish

Dipika   26 September 2016

Hi Ambrish, But he said this to me & my family, so I am not sure how he will respond to this in Court. Is there any mandatory medical test that he has to undergo?

Dipika   26 September 2016

Martin, but for mutual divorce I need to wait till Feb2017 to file divorce & after that 6 more months, will is really too much of time.

Can't I file a Null & Void ?

Sachin (N.A)     26 September 2016

Originally posted by : Dipika
Martin, but for mutual divorce I need to wait till Feb2017 to file divorce & after that 6 more months, will is really too much of time.

Can't I file a Null & Void ?

Yes, You both can go for annullment of marriage before one year of marriage.

Sachin (N.A)     26 September 2016

If he doesn't want to disclose his medical problem you may seek annullment on ground of 

"the consent to the marriage was based on force by your or parents of both."

sai narayana   26 September 2016

First file petition under both 12.1.a of Hindu marriag act for divorce under impotency grounds and 13.1.ia of HMA under cruelty grounds (denial of s*x only please don't make unnecessary allegations to make it more complicated). By the time it comes to hearing and on admission by your husband you will get divorce. If he denies it, court orders medical test to him referred to a medical board, a reputed college having facilities of checking physical impotency either by Penile doppler analysis or PIPE test and also psychological impotency tests. While there were ongoing, in between your marriage completes one year and you will get another option of going for MCD (Mutual consent divorce).

Dipika   26 September 2016

Thank you so much for your inputs.

I still have two doubts, what will be expenditure with the lawyer?

And secondly how I will get the amount which my family has spend on the marriage, engagement & in other ceremonies?

sai narayana   26 September 2016

Under S25 of Hindu Marriage ACt, you can claim alimony (compensation) while submitting the petition itself as additional prayer or after the successful closure of case. Please be noted that if you are earning, the alimony will be inversely proportional to % of your income w.r.t. your husband's income.

During the pendency of your case also you can claim maintenance for your livelihood and also your lawyer expenses under S24 of Hindu Marriage Act, provided you are not sufficiently earning and you are not staying together with your hubby.

If he is really impotent, you need not put any unnecessary false allegations or unnecessary false cases as the impotency ground itself is more powerful than any other ground for break-up i.e. divorce/nullity and also for Alimony (compensation).

Amit Mahajan (RH-Legal)     26 September 2016

 

https://timesofindia.indiatimes.com/city/kolkata/Bride-gets-divorce-on-impotence-plaint/articleshow/51502776.cms

Grounds for Annulment Includes Spouse been physically incapable.

In your case you may get Marriage Annulled on basis of mutual consent and since you are only claiming the expenses for marriage the same can be negotiated and comfortably attained from spouse. Moreover if spouse is undergoing any treatment the same would be beneficial on records and convergences for quick dissolution of marriage.

Sachin (N.A)     26 September 2016

Originally posted by : Dipika
My husband also wants a divorce, as he has mentioned that he is Impotent.

When you both are agree for divorce then why not to solve every issue like expendeture , your other demands etc.

What is more important your life or money. Your questions gives impression you are asking how to make more money from the issue ?

Talk to your husband and file joint petition for annullment of marriage and focus on your future else waste your life by roaming around court for decades.

Dipika   26 September 2016

@ Sachin: Its not like I want to make money from this issue but my family has spend hell lot of money for my mariage, we have given so many expensive gifts to them. His family was well aware of his condition but still they have not told us anything.

And now we are asking for divorce they just want to close this matter in closed room, so that no one in his surrounding should get to know about his medical issue & they can cheat someone else also & not ready to pay any single amount to us.

Amit Mahajan (RH-Legal)     26 September 2016

@Dipika is correct in her stand as marriages in normal circumstances are done once only, and there are dreams and many more expectations attached. Cheating and keeping in dark, just for the sake of some goodwill is incorrect. She is generous in seeking only the expenditure amount, in-fact she does have a proper suit for damages and claims besides basic expenditure of marriage.


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