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Sagar Singh (VP)     29 October 2012

Husband seeking divorce option

Can a husband get a divorce from his wife on grounds that HE is not satisfied with his marriage, even if the wife refuses to consent to a divorce. The marriage is 12 years old. He is frustrated because of obesity of wife, for which he cannot consummate his marriage. His efforts to get his wife to reduce obesity has been unsuccessful and he gave up after the first 5years of marriage. The wife did want a child, however husband refused. He does not maintain physical relationship with wife for past 7 years and the wife has accepted this that they will not have any physical relationship or a child. Also, there is no emotional connect between the couple. They practically lead separate lives in the same household, with husband taking care of money and wife taking care of home. There are no fights or physical abuse between the couple, with the wife having accepted the marriage as is and she is very comfortable with status quo. The husband is now frustrated, and is seeking options to come out of this "dead" marriage and start afresh. Can he seek a divorce? If so, on what grounds?


 1 Replies

Goutam Prasad (Advocate)     29 October 2012

Husband can seek divorce on ground of mental cruelty for failure to have marriage consumated due to obessity of wife.

Ground of desertion can also be invoked even if you both remain in same house. But for same you need to consult your advocate and talk everything in detail for proper guidance.

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