Pawankumar 22 May 2017

Divorce query

When husband files for divorce on the grounds of denial of s*x by wife , how can he prove that wife is refusing to have s*x. Wife can state that they are having s*x before the court, how can husband prove that?

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7 Replies

Vijay Kumar (Advocate) 23 May 2017

Yes, it is difficult to prove.

Ms.Usha Kapoor (CEO) 23 May 2017

Truth hAS TO BE ELICITED IN CROSS EXAMINATION. YOU ARE RIGHT. iT IS DIFFICULT TO PROVE.

(Guest)

Let me say that wives commonly deny s*x or demand things on return for s*x such as gifts, leave your parents etc. But the issue is, even if court believes husband and grants divorce, not only it takes a long time (4-10 years), but what's the guarantee that the next wife also doesn't do the same? Like I said, wives, especially nowadays, quite commonly deny s*x and use it as a tool to demand things.

Pawankumar 23 May 2017

But in this particular case marriage happened one and half year ago , so far marriage is not consummated due to refusal of wife for s*x.

(Guest)

Sorry to hear that. In that case, either go for MCD or grill her during cross. Don't worry, it's not easy for her to lie about this during cross. An able counsel can easily make her confess.