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venkatkrishna (AGM)     27 December 2012

Element of marriage & object of marriage

Women agreeing and giving consent for marriage is not  a consent for s*xual intercourse also  in the marital life? What are the basic elements of  marriage and marital life.  If one party denies or not participating or not showing any interest in s*xual life,  the another party is seeking divoce on the ground of impotency. After marriage,  if one party insists for s*x, mostly the women blaming  and even ready to file a RAPE case against her husband.   Is it correct  in the marriage life?  what is the custom and system of marriage?   If not what is the purpose of marriage?  Is Husband only to take care of all necessaries of wife. If so, marriage is not a invited punishment for the husband for his life?  Is'nt  the Law misused by some people? 



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 6 Replies

Goutam Prasad (Advocate)     27 December 2012

If due to repeated insistence of wife for not having s*x and going ahead to threaten to complain for rape attempt, marriage between the couple is not consumated, husband have given right to seek anullment of marriage under section 11 on ground of impotencey, whetehr mental or physical.

Also husband can seek divorce under section 13(i)a on grounds of mental cruelty.


Goutam Prasad

Advocate

https://www.aegisjurist.com

https://www.facebook.com/aegisjurist

Shantanu Wavhal (Worker)     27 December 2012

its sec. 12 Gautam Ji.

venkatkrishna (AGM)     27 December 2012

Gautam Ji in recent fast,  I have come accross several cases, where the girl either to impress her parents or for some other reason accept marriage and from the day one the girl denies union of  her  husband.  It is not the question of  filing petition for separation or any other petition.  It is  the question how a  married women can charge rape allegation on her husband.  Being a lawyer you better know once a male tie the knot it cannot be cut easily as easily he tied it.  My point is Rape charges cannot be applied against a husband.

rajiv_lodha (zz)     28 December 2012

In India, Rape charges can not be applied on the Husband if he forces natural s*xual intercourse on legally wed wife.......in other words, MARITAL RAPE IS NOT A CRIME IN INDIA.

Shantanu Wavhal (Worker)     28 December 2012

u are WRONG, rajiv.

venkatkrishna (AGM)     29 December 2012

Dear  Rajiv Lodha.

You are wrong. In India it is 100% applicable.


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