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Rajan Salvi (Lawyer)     22 August 2008

cruelty u/s 498 (A) of Indian Penal Code.

In Nijhawan v/s Nijhawan AIR 1973 Delhi 200 it is held;


" Marriage without vigourous s*xual activity is an anethema. Also it would be impossible ot continue it for long without proper satisfaction. Denial of s*xual activity in marriage has an extremely unfavourable unfluence on a women's mind and body and leads to frustration and depression. There is nothing more fatal to marriage than disappointments in s*xual intercourse."


My query is whether any court has taken an equally sensitive view from the husbands side? Is it not casting to much burden on the husband ? For a satisfying s*xual life , lots of things are important such as financial security, love , trust, good health, proper life style, rest , atmossphere conducive to privacy and peace of mind. How many of todays men can boast of having any of the above?



Learning

 6 Replies

Srinivas.B.S.S.T ( Advocate)     22 August 2008

Unfortunately NO sir. May be the
lawmakers know it prettywell that the a man will never feel satisfied
with one lady.  You know pretty well that a man will always
think that the other man's wife is prettier than his.

K.C.Suresh (Advocate)     22 August 2008

Dear Rajan


Sex plays an important role in the wed lock. But that is not all. A s*x failure is not considered as a reason for seperation. Bu a total failur ofcourse may lead to seperation. There are cases where s*x cannot be continued due to mental illness, discomforts, circustances and later due to freezity. All this will be taken seperately for consideration according to facts of the case. But your observation that " Marriage without vigourous s*xual activity is an anethema. Also it would be impossible ot continue it for long without proper satisfaction. Denial of s*xual activity in marriage has an extremely unfavourable unfluence on a women's mind and body and leads to frustration and depression. There is nothing more fatal to marriage than disappointments in s*xual intercourse." seems to be a high altitude one. But not prudent and reasonable stand.


The Observation Sri  that May be the lawmakers know it prettywell that the a man will never feel satisfied with one lady.  You know pretty well that a man will always think that the other man's wife is prettier than his is extreme in nature. This law is mainly legislated for the welfare of  women. .

Guest (n/a)     22 August 2008

 


Your point is not clear whether "Marriage without vigourous s*xual activity is an anethema"inthat view it cantnot clear surcumstances at that time which is main in that  condition so after the fact there will be sugesstion about the matter.

Mohit Attri (lawyer)     22 August 2008

one thing not cms to my mind tht wht is the role of 498-A as u hve writen the heading of ur post.

Rajan Salvi (Lawyer)     23 August 2008

The heading given is because the wife filed for divorce on the grounds of cruelty as husband was impotent. the observations are not mine but are quoted from the judgement. I have a case in hand were husband says marriage is consumed while the wife denies it. impotency can be because of various reasons. Law cannot dictate as to what exactly should fire a mans libido. That is why 377 is under challenge in the Delhi High Court. We liv in times in which the society is undergoing rapid trnsformation. Yesterdays values do not hold good today.

Ravi Arora (Advocate)     23 August 2008

 you r not clear on your point as far as 498A is concern .  Now a days women got a WEAPON in their hand what ever the problem , they go for 498A, as it is good solution for their problems, impotency may be a ground for divorce. and  no doubt s*x is the essence of married life


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