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

Page no : 2

Nitish Banka (lawyer)     26 September 2016

Annulment of marraige is not possible , file for mutual divorce fastest way to get divorce.

Warm Regards,

Adv. Nitish Banka

9891549997

Sachin (N.A)     26 September 2016

Originally posted by : Dipika
@ 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.

 

Better to go to women cell as they will force/extort your inlaws for money and also make your inlaws agree for mutual divorce.

If it fails then file an FIR against whole family, when they apply for AB then bargain for money. and then file mutual annulment or mutual divorce.

Sachin (N.A)     26 September 2016

But remember no one will give you whole expenditure, its only valuable items that you will get. Rest will depend upon your negotiation skills

Kumar Doab (FIN)     26 September 2016

There exists a valid ground for divorce.

Impotency can be established.

Speak to an Andrologist/Urologist. 

 

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     27 September 2016

Quick way to get exit is through mutual consent. Prooving impotacy will take 4-5years in Court. Mutual Consent will be in 6 months,

Dont expect much over money, try to finish in amicable way and move on in life

innocenthusband   27 September 2016

Originally posted by : Dipika
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?

 

 

So let me get this straight. It took you 8 months to figure out that your husband was impotent? This should be verifiable on the first night/week of marriage. Did you think that your husband would be magically ble to have s*x with you if you waited for months?

 

you are plain lying here when you say that your husband has confirmed that he is impotent. The question that the court would ask is - why would your husband call himself impotent instead of simply arranging to a MCD and separating? Why call himself impotent and cause harm to himself? Why did he marry you in the first place if he was incapable of s*xual intercourse?

 

looking at the replies in this thread, nobody seems to have realized that you're trying to lie your way to get some advice in here for free. Don't want to remain married? Get yourself an MCD and don't think you can fool the justice system. It doesn't take 8 months to figure out that your husband is impotent. It's because a) you deliberately act/behave in a manner not conducive to conducting s*xual intercourse or b) you're finding a way out of this marriage by forcing your husband to call himself impotent so that you don't file false charges against him. Also, if your husband has agreed to call himself impotent, he definitely is but not with his s*xual organ, but of the mind. He is a foolish person to let you get away with it by falsely admitting he is impotent.

 

Dipika   27 September 2016

@ Mr Innocent Husband

Why it took 8 months to take a decision because we both are in two different cities from day one of our marriage, I am in Pune & he is Indore. He has come for only 4-5 days intotal in this 8months.(Saying I am busy in work can't come)

Now when I have shared all the things with his family & my family then he has told that I don't feel like having Sex & this discussion is happened a week back, thats why I have decided to take divorce.

I hope I have answered to all your allegations.

 

sai narayana   27 September 2016

Impotence can be physical or physocological, in later case it's difficult to identify and even in former case also it's require some time if that can be identified only by clinical tests (neurological). So the time or delay is not a concern as long as grounds are valid and genuine.

sai narayana   27 September 2016

Dear OP you need not be insinuated by every testing remarks/grill/comments :-)

Keep calm and composed to do your work and gain from this group.

innocenthusband   27 September 2016

Originally posted by : Dipika
@ Mr Innocent Husband

Why it took 8 months to take a decision because we both are in two different cities from day one of our marriage, I am in Pune & he is Indore. He has come for only 4-5 days intotal in this 8months.(Saying I am busy in work can't come)

Now when I have shared all the things with his family & my family then he has told that I don't feel like having Sex & this discussion is happened a week back, thats why I have decided to take divorce.

I hope I have answered to all your allegations.

 

 

This is getting funnier by the minute. You married him 8 months back but you have only been with him for 4-5 days. And it looks like you've setup a system to have s*x within this period in a mechanical manner. Marriage is not about having s*x in 4-5 days. There is this thing called love which needs to exist between both of you. I presume there was some element of love when you married him. Otherwise this looks like you married him to gain something else from him in the illusion of marriage.

If your case is genuine, you wouldn't get to the impotence argument. You would first live together for more than 4-5 days, no matter what the distance (if distance was an issue you shouldn't have married him). If he still does not want to have s*x with you, you would both meet a marriage counselor. You have not done either of this. 

Do that and if the marriage still fails, divorce amicably. As simple as that. Any man would agree to MCD rather than calling himself impotent. Because putting it on paper guarantees that he cannot marry ever again. The only condition one would agree to it would be to avoid a fake case and false charges which can only be settled by paying unreasonable amounts of cash.

 

Kumar Doab (FIN)     27 September 2016

The disorder may be existng or may not be at all.

The husband may be feigning it.

In that case the root cause  may be assesed and addressed, if the intent is to save the marriage.

The medical disorder can be; Psychological and Pathalogical.

Both can be treated.

The Medical expert can  opine on the intervention that is required; Surgical, Non Surgical.

And also that if it is curable or not.

 

innocenthusband   27 September 2016

Originally posted by : sai narayana
Dear OP you need not be insinuated by every testing remarks/grill/comments :-)

Keep calm and composed to do your work and gain from this group.

 

 

Does your brain function enough to understand that she hid the fact that she was married for 8 months yet remained together for 4-5 days? And the fact that she decides to divorce based on the outcome of 4-5 days?

 

Is common sense not that common anymore or are you deliberately being stupid?

 

whatnot   27 September 2016

@ innocent husband.

More often than not, querist usually present few facts in the begining.

There exist bias in their query as moving forward they want to get best out of situation.

 

At the outset looks like both wants the realtionship to end.

At this moment only means are as explained by Autohide.

 

What happens between couple in the bedroom should remain private, unless one sends private message to querist to discuss further..

Finding fault in every action of querist would be debilliting.

 

If one can provide satisfactory reply, that should suffice.

They are here to pick our brains.

Not self introspection.

 

 

innocenthusband   27 September 2016

Originally posted by : whatnot
At the outset looks like both wants the realtionship to end.

 

For that one need not declare himself impotent. That's the job of the annulment petitioner to prove. 

 

 

Originally posted by : whatnot
What happens between couple in the bedroom should remain private, unless one sends private message to querist to discuss further. ‚Äč

 

No discussion on bedroom matters sought, only on the fact that a marriage of 4 days is being portrayed as one of 8 months. 

sai narayana   27 September 2016

Hey innocent_husband.. please mind your words. Not only you we are also innocent husbands :-)

Since you raised it I would like to tell that i myself is a victim of false impotency divorce case filed by my wife. So I know what I am advising to OP. We have to advise on prima-facie rather than becoming judgmental.

Even if you think Op's case is false, let it be, courts are not blind to it, for ex: court (the judge) asking my wife to reunite with me in reconciliation as I produced my physical-fitness certificate along with my counter, ofcourse my wife is not paying any heed to it.

Impotency is not a two dimensional aspect to appear as fit for court and unfit for petitioner. The medical exam will prove who is right and who is wrong. If at all what you are suspecting is true that respondent is proved to be fit then all fingers will point towards the petitioner and that false allegation itself is a valid cruelty ground for divorce and defamation suits. So we can safely leave it to the court instead of boggling our head in judging the veracity of Op's case.


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