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R N Thiruneelakanden (Advocate)     14 April 2012

Divorce on the ground of lack of sex with wife



 13 Replies


Dear Advcate

Husband will not get success. He will fail.

Do you know its cruelty against wman/wife not for Husband.

husband grund is abslutly withut any means and insufficient.

read Hindu Grahast ashram rule.

wife has given him two child.

his is not a permanent ratijanya deacease.

Protest in curt I am sure Court will dismiss the petitin with cost.

1 Like

Roshni B.. (For justice and dignity)     14 April 2012

  • if she was incapable of s*x,how she had children?


  • why is husband raising this ground after more than 12 yrs of  marriage?why not before when he got to know of this disability certificate?



  • inability to have s*x can be detected by a gynae/s*xologist only,as far as i can understand...not by the doctor who performed bone operation..


  • if she is unable to perform,it must be seen if he is being mentally abusive to her,which makes him unattractive in bed,and therefore make her act like a "frigid" woman,which she may not be otherwise.if that be the case,i think the man here is cruel,not the wife.



PS-I am not a lawyer.

1 Like

Kumar (Family CEO)     15 April 2012


Since the husband has already filed a motion and matter is in the court, the question is not whether wife is incapable of having s*x but that of proving curelty by wife towards husband due to sustained absence of conjugal relationship as a result of wifes presenting and incurable back ailment. The learned counsel  has perhaps ascertained that over a period of time, wife is unable to provide the enjoiyment to her spouse as in a healthy marriage.


Institution of marriage occupies an important place and role to play in the society in general, therefore, it would not be appropriate to apply any submission of irretrievably broken marriage as a straight jacket formula for grant of relief of divorce. This aspect has to be considered in the background of the other facts and circumstances of the case; Chetan Dass v. Kamla Devi , AIR 2001 SC 1709.



Cruelty which is a ground for dissolution of marriage may be defined as wilful and unjustifiable conduct of such character as to cause danger to life, limb or health, bodily or mental, or as to give rise to a reasonable apprehension of such a danger. The question of mental cruelty has to be considered in the light of the norms of marital ties of the particular society, to which the parties belong, their social values, status, environment in which they live. Cruelty need not be physical. If from the conduct of the spouse it is established or an inference can be legitimately drawn that the treatment of the spouse is such that it causes apprehension in the mind of the other spouse, about his or her mental welfare then this conduct amounts to cruelty; Maya Devi v. Jagdish Prasad , AIR 2007 SC 1426.



1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 April 2012

Husband's petition is liable to be dismissed.


After 12 years this ground. He should also look for a new advocate.





Shonee Kapoor

JANAK RAJ VATSA (ADVOCATE)     15 April 2012

how can the wife be categories as cruel. during last 12 years of married life, she has mothered two children from her husband. therefore due to a bone operation, if she is presently not a fit state of cohabitation, this cannot be termed a cruelity, rather reverse would be case when is husband is not trying to appreciate her physical condition. the husband's petition is likely to be dismissed.

1 Like

Dwarak (Propreitor)     15 April 2012

"Non cooperation" is a loose term and the fault could very well be with the husband's impractical demands..with, cruelty being the other way round. Husbad is better of spending time and money on counselling  to understand how to take life forward responsibly

Ranee....... (NA)     15 April 2012

Decent husband ..doing everything legally.!:P

Roshni B.. (For justice and dignity)     15 April 2012

however,there's a catch.


the lady may have cooperated after marriage and had children 12 yrs. back.


but her back problems got aggravated now and therefore she is no more able to have s*x.hence the husband is that case his frustrations are justified.


therefore he is now giving attention to her disability certificate,which he did not think of earlier,as the lady was cooperative 12 yrs. back.


now if she had hidden about her disability b4 marriage,then she & her parents are the culprits.and the husband is innocent and v.logical in his demand.


if not,then the onus lies on husband,as to why he married such a woman knowing her disbility so that he married her,he must accept her with her disease gracefully.


if the case is of latter type,better for husband to get her treated by an expert,and wait for her full recovery.till then he has to abstain.if he cant control himself,convey to him thru his lawyer that he joins a good yoga centre and practise meditation and brahmacharya,so that his s*xual energies go upwards;).You laughing at my reply!!!But these techniques really work



Once again-I am not a lawyer:P

Dwarak (Propreitor)     15 April 2012

The point here is that no counselling / medical intervention seem to have been sought before filing a petiion and morever the fact  husband wants to rely on a medical certificate beore marriage seem to suggest that our friend is not being genuine. His argument is like a slice of swiss cheese...full of holes

PS: I am no lawyer myself

Democratic Indian (n/a)     21 April 2012

Originally posted by :Roshni B..
" if he cant control himself,convey to him thru his lawyer that he joins a good yoga centre and practise meditation and brahmacharya,so that his s*xual energies go upwards.You laughing at my reply!!!But these techniques really work

If you are thirsty or hungry, your mind and body will crave for more water or food. Once you have your stomach full, you will not desire more water or food until you are thirsty or hungry again. Sex is like thirst or hunger, it is need of the mind and body. Sexual repression/ suppression or s*xual repression under the guise of Yoga is no solution to s*xual frustrations of mind and body. Sexual repression/ suppression is cruel and inhuman. This is exactly why there is provision of restitution of conjugal rights under marital laws.


This is what some yoga instructors do*xcapade-falls-to-death/articleshow/12759718.cms


MUMBAI: A woman died while trying to flee from the third floor balcony of a Parel building using a makeshift rope of bedsheets and a sari tied together. Police identified the woman as Julie, a prostitute.

The incident occurred inside the Central Railway Staff Colony in the early hours on Friday. Railway engineer Surendra Chavan (54), who was later arrested and charged with causing death due to negligence, had brought Julie to his flat after his wife and five-year-old daughter left to attend a family function on Thursday. Chavan, a senior section engineer in the Parel loco shed, is also a yoga instructor.

Chavan panicked after his wife and daughter returned unexpectedly and knocked on the apartment door around 11pm. Police said he didn't open the door and instead bolted it from inside. His wife, assuming no one was at home, locked the flat from outside and went to a relative's house in the neighbourhood.

After waiting for some time, Chavan tried to open the front door. "However, he got scared when he realized that his wife had put a padlock on the door and worried how he would get out of his predicament,'' said DCP (Zone IV) K G Patil.

Around 2.15am, Chavan decided to climb down from the balcony using bedsheets and a sari. "After getting down, he ran up to the third floor to see the door locked. He again came down and asked Julie to climb down the way he had. Unfortunately, Julie lost her grip and fell. She sustained grievous multiple fractures and died soon after," said investigators.

Chavan, who too suffered bruises during the escapade, then called the security guard and asked him to help lift the body and dump it outside the building gate. "His wallet, which had fallen near the body while he was fleeing, has been seized," said police.



Ranee....... (NA)     21 April 2012

We find example of many saints in epics who lost their control over themselves when they saw Apsaras..

I strictly believe the character and nature and sense of moral of the man that decides how he will behave in peculiar situations.Though yoga helps them to remain in control who want to be!

Roshni B.. (For justice and dignity)     21 April 2012

@democratic indian


if we go by your logic,then rama and budhha wud have become s*xually frustrated after separating from their wives.they wud have been moles**** females they came budhha attatined enlightenement despite being separated for so many yrs?how he maintained his sanity?he was also a common man like u before his enlightenment.


do u know why?


because in those times there was no stupid media or foolish propagaters of so called s*x education who kept on conditioning the minds if people by showing p*rn,or by propagating that a person can get mad if he doesnt get s* know that your whole body and even your personalities are developed owing to repeated conditioning..i know u wont agree,but i stand by my point..


nowadays the media is glorifyying lesbian and gay relationships,which we fools are accpeting wid open arms .therefore this is stimulating the horomones of younger generation,ie,conditioning them in such a way that they are getting attracted towards the same s*x. my freind teaches in a girls school and everuyday she has tales to tell how those teenage gals are having affairs with each other,that recently one of then slit her wrist to show her love ffor her female classmate..another one applied sindoor on her GF.


a few yrs. later we will be saying in medical journals that s*x b/w 2 gals or guys is a basic need. we will have such articles in women's magzines "how to spark your love life with your girlfriend".


Take it from me..


Tajobsindia (Senior Partner )     22 April 2012

Originally posted by :Roshni B..
" do u know why?

because in those times there was no stupid media or foolish propagaters of so called s*x education who kept on conditioning the minds if people by showing p*rn,or by propagating that a person can get mad if he doesnt get s* know that your whole body and even your personalities are developed owing to repeated conditioning..i know u wont agree,but i stand by my point..

a.k.a. Cinderella 

Historians attribute Kamasutra to be composed between 400 BCE and 200 CE.[1] John Keay says that the Kama Sutra is a compendium that was collected into its present form in the 2nd century CE.[2]




[2] For the Kama Sutra as a compilation, and dating to second century CE, see: Kkgeay, pp. 81, 103.



B. The time of Gautama's birth and death are uncertain: most early 20th-century historians dated his lifetime as c. 563 BCE to 483 BCE,[3] but more recent opinion dates his death to between 486 and 483 BCE or, according to some, between 411 and 400 BCE.[4][5]


[3] L. S. Cousins (1996), "The dating of the historical Buddha: a review article", Journal of the Royal Asiatic Society (3)6(1): 57–63.

[4] See the consensus in the essays by leading scholars in The Date of the Historical Śākyamuni Buddha (2003) Edited by A. K. Narain. B. R. Publishing Corporation, New Delhi. ISBN 81-7646-353-1.

[5] "If, as is now almost universally accepted by informed Indological scholarship, a re-examination of early Buddhist historical material, ..., necessitates a redating of the Buddha's death to between 411 and 400 BCE...." —Paul Dundas, The Jains, 2nd edition, (Routledge, 2001), p. 24.



Now pause your frihidity and ask your teacher friend did Buddha preceded Kama Sutra or it was other way round! And once you get an answer I once again suggest you to 'keep quite' because half knowledge is dangerous in Legal forums and donot tell us about Buddha and s*x education in his times and HIS 'enlightenment' philosophies.



Now here is a reverse question to you; do you understand significance of CE and or BCE which got mentioned above to begin with? Have you ever read Pali canons? Did you know who married Buddha’s wife after Buddha had left the palace on his spiritual journey? More importantly why HIS wife agreed to get married a second time when she k new HE to be alive! J

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