Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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gautam (not disclosed)     27 October 2013

How to prove denial of sex

how can someone prove denial of s*x for 3 yrs in court, when husband and wife are staying together with the kid of 7 yrs in the same household



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 14 Replies

ashoksrivastava (scientist)     27 October 2013

Originally posted by : gautam


how can someone prove denial of s*x for 3 yrs in court, when husband and wife are staying together with the kid of 7 yrs in the same household

@querist such allegations can be successfully denied by respondent in court,till there is some letter of confession previously written.

regards ASHOK

gautam (not disclosed)     27 October 2013

if there is no letter of confession, then how can it be proved

laxmi kant joshi (instructor)     27 October 2013

IT is very difficult to prove by a person , request The court to give direction to an expert doctor of a hospital to done medical test in this context and find out the truth as a proof .

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 October 2013

The proof of denial of s*x will be on the grounds of your statement, birth of no child for the last few  years nor the wife expecting any child when the Petition for divorce is filed, fact of place of living for last few  years by both parties, personal relationship of both and if sharing or not of same room in the same house by both to be stated on oath by other members of the family, servant etc.
T

fighting back (exec)     27 October 2013

i differ with laxmikant joshi here,  denial of s*x is something which no proof is possible, s*x is something which happens between the four walls of a bedroom only between husband and wife, thus the statement of husband or the wife, under oath will be proof enough of denial of s*x, supported by secondary proofs such as statements by the other members of the family, about the kind of relationship existing between the two, no children, etc. until the statement is not defeated in cross examination, this is proof enough


(Guest)

I agree with the reply of Mr.Ramacharry and Fighting back..

 

Proving of s*x consumed or not is a long subjective issue, It's mere a personal consent or by medical proof can't confirm the same.

 

Reasoning:

 

A. Any spouse would consent on oath that yes consummation was there but at the other end the couple were not living with each other.

B. Any spouse may say you can take my medical proof but again those proof may be or may be not cause by the legal partner.

 

Hence, only contradiction of statements during the cross examination by keeping all the facts,circumstances along with evidences will make a clear picture that a person was really involved in s*xual relation with the other partner or not.

 

 

 

 

I love my parents (law)     29 October 2013

yes we are also need same help for my frnd

T. Kalaiselvan, Advocate (Advocate)     29 October 2013

Advocate Mr. Ramachary has rightly replied to the query.  Though the husband and wife may live under the same roof or in the same room also, but there may not be a cohabitation between both for years together  and this may be due to various reasons including just a mere ego problem or into some other personal life problems namely adultery of any one of spouse, etc.  Thus on an affidavit before the court, the reason for non-cohabitation may also be stated to add strength to their case.  

Anil (salesman)     31 October 2013

Is there any law to punish married women indulging in adultery with other married man if yes plz advice.

rising up again (FFF)     08 November 2013

hi guys... my story is almost the same..

i also have to prove in court... that i nvr had s*x wid my b*tch which am sure she wud deny in court....

i just applied some brain and thought of an idea...... ;)    do let me know if this wud help me in courts...to prove that we nvr had s*x for 6 years...

I have a permanent tattoo near my crotch which obv wud be seen by anyone who wud have s*x wid me. when, in courts...i wud ask for the details of that tattoo from my wife, which she wont be able to describe and hence, i wud be able to atleast convince the judge for no s*x in years and hence... try for an easy divorce  !!! 

wot say, friends ????????????

DV Fighter (Service)     09 November 2013

@rising up again

she may reply that s*x happened in dark/ in absence of light....

1 Like

rising up again (FFF)     10 November 2013

last 5 yrs how can it be always in dark and that prominent thing not seen.... !! and obviously, thr can be reason / excuses to everything.....

gautam (not disclosed)     11 November 2013

i was thinking over the query posted by "rising up again",

what if she claims that you are the one who has been denying s*x all the time. how does one defend this?

rising up again (FFF)     11 November 2013

Gautam.. true.. this is something which has to be taken very smartly. In any case, if the 'watermelon' will be cut... and even if the judge blames the knife (guy), the guy gets a divorce...!!!!


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