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Abijith   31 July 2016

Is divorce possible from a sexually impotent wife?

Legal supports and advises from experts expected...

Sir/Mam

      I got married on October 2013.Ours was an arranged marriage.Am an army personnel, so I had to leave on the fifth day of my marriage leaving my wife as she was doing her post graduation. I came back after 7 months. That time I came to know that my wife is suffering from a disease called vaginismus which makes her s*xually inactive. Over the past 2 years we have tried many times but she couldnt do it.She used to kick me aside. with repeated incidents I also lost interest. The other issue is she keeps on giving a share of her salary to her parents though my brother in law is there who is a batchelor and  working in an MNC in a good post. I havent taken a single penny as dowry. For the last 3 years my wife havent shared a single ruppee  of her salary with me.But she takes care of her finacial needs. She never asked me any money except for a couple of air tickets. From the beggining itself our wave lenghts were not matching as there were issues of s*x and understanding. Now am frustrated to the maximum and I just want it to get over. the core issue of s*x, I have not revealed it to her or my parents. My wife requested not to. I was waiting so long bcoz we were seeking an alliance for my sister. So I was forced to deal with everything for the last 3 years. Now we are planning for a mutual but I heard it will take an year.  Also I want the s*xual issue to be mentioned in the court verdict but my wife has requested it to be kept from her parents?

        Is it possible to do so? What will be the time to get divorce if its not mentioned and with mentioning it? Do we have to produce a medical document in support even if she admits the issue in court?  

       Thanks in advance 



 14 Replies

Kumar Doab (FIN)     31 July 2016

You should obtain complete medical  record with dates of having been sufferring from 'vaginismus', treatment advised by doctor (Gynecologist), treatment taken, and result.

 

There is lot of information available and it seems you have read about it.

It is treatable!

Only a Doctor can ascertain in her case that it is not curable!

 

The treatment record can place on record that it has been recurring for ......................years.

 

It is felt that it should not be concealed.

 

It is your own judgment that MCD is possible.

 

 

Kumar Doab (FIN)     31 July 2016

You may like to read:

 

https://www.netdoctor.co.uk/conditions/s*xual-health/a11656/vaginismus/

Kumar Doab (FIN)     31 July 2016

You may also go thru:

 

Supreme Court of India
Yuvraj Digvijay Singh vs Yuvrani Pratap Kumari on 2 May, 1969
 
https://indiankanoon.org/doc/1514023/
 

 

Kumar Doab (FIN)     31 July 2016

You may also go thru:

 

'Medical investigations revealed that..........................

the two-judge Bench ruled, “A marriage is consummated when completed by s*xual intercourse. If the s*xual intercourse is complete, ...................

Section 12(1) of the Hindu Marriage Act, 1955, states that any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled on the ground that “the marriage has not been consummated owing to the impotence of the respondent.” Clearly, while our lawmakers have allowed a marriage to be annulled if there is non-consummation, '

 

https://www.telegraphindia.com/1090909/jsp/opinion/story_11469559.jsp

A walk alone (-)     31 July 2016

yes its possible but for this you have to file divorce on her medical ground not MCD. But if you file divorce on her medical ground she may contest it. Or she may file false DV or dowry case against you. If may take 4-5 years to receive divorce. It's only wastage of time and money. Court procedure is long. Better go MCD it will take a year.

Dr. GYV Victor., PhD., CEng., (Chartered Engineer Dredge Master (STCW 95) Marine Shipping Contracts Customs Arbitrator and Consultant)     01 August 2016

The said disease will not qualify for a divorce as this is not life threatening or alarming but gentic in nature due to stress related disorder that is curable. hence it is advised not to file on medical grounds as that may lead to many more complications and if your wife has agreed for a mutual, go for mutual and that is better for you

Kumar Doab (FIN)     01 August 2016

 

You have posted that;

"I got married on October 2013.................................................. Over the past 2 years we have tried many times but she couldnt do it.She used to kick me aside. with repeated incidents"

 

 

The ciitations have been provided to help you to relate with your matter on your hands;

 

"the parties lived together for three years but the marriage was not consummated...............

He averred that his wife had an invincible and persistent repugnance to the act of consummation.........................."................................." “A marriage is consummated when completed by s*xual intercourse. "

 

Beyond this you may prefer to spend quality time with your counsel for a considered opinion.

Rest is upto you.

 

Born Fighter (xxx)     04 August 2016

Go for MCD. Dont complicate your life trying to prove u were right and she was wrong.

 

Go for MCD...in 6 months u will be free. Go for contested Divorce it will take min 3-6yrs depending on how strongly ur wife fight backs including filing of false cases.

 


(Guest)

You have been thoroughly guided. the query stands answered.

Ms.Usha Kapoor (CEO)     09 August 2016

You can file a divorce against your wifeon non consummation of marriage owing ro the disease which  is prmanent  and incurable and also for mental cruelty.nform both your parents and her  parents about your joint decision to go for Mutual consent Divorce.

Abijith   11 August 2016

Madam/Sirs

Thanks a lot for your valuable guidance and expert opinions. As I mentioned an just waiting for my sister's marriage as where I come from divorce is a taboo. Had a word with her parents but they are indifferent towards everything. They just want a share of her salary everymonth and told me to proceed with divorce if no other option is left. They also told me that they will try to convince het daughter. Wife and I had a chat and she is ok with mutual. Hope everything ends fine.

Kumar Doab (FIN)     11 August 2016

You know the persons and situation best.

Apply your own judgment.

If MCD is possible you have the option to try for it.

Keep a very able counsel with you, all along.

Vibha   12 August 2016

  1. I have personal experience working with a few couples who faced 'vaginisumus'. This is not an uncommon condition. It is easily treated with the help of physical therapy. Exercises with some simple tools are prescribed by doctor and in 1 or 2 months most cases are successfully resolved. The prognosis for full recovery is close to 100%.
  2. The condition creates complex emotional problems in couples who do not have prior s*xual experience. Husband may feel that the wife dislikes or rejects him because of the condition. In reality woman's behavior is triggered by physical pain which she cannot control. It takes understanding and patience on part of both to get proper treatment and follow through with the prescribed exercises. Wife feeling emotionally safe plays important role in healing the condition. I would recommend consuting a marriage counsellor in parallel with physical therapy to help resolve the emotional responses you both are having.
  3. Decide carefully if your wife is actually as bad as you say or is this perception of your mind simply caused by frustration with her medical condition.
  4. Experts have shared legal options with you. I do not need to add anything there. Since it is a treatable condition, I would advise you to not try and bring this into court records for the sake of her future. You will feel better about yourself if you do the right thing and act like a gentleman.

Kumar Doab (FIN)     12 August 2016

The DR. that has treated the patient can conclude the disorder in specific case is cured or curable.

Treatment was followed or not etc etc.

You seem to have the record.

Although your spouse has asked to go for MCD.

Do try to save the marriage.

If not possible then proceed further under expert advise of your counsel.

 

 


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