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man granted divorce as wife denied sex!


 

Man granted divorce as wife denied s*x!

 

The Delhi High Court has granted a divorce to a man on the basis of denial of s*x as being one the factors outlined by the husband.                      March 24 ,2011

 

According to the reports, the wife left the husband in 2005 and “did not return to fulfill any of her matrimonial obligations.” Meanwhile, she let her husband file for a separation.

 

Justice Kailash Gambhir said, “Had there been any intention of the wife to resume cohabitation with the husband then at least she would have come forward to contest the divorce petition… her conduct gives sufficient grounds to construe the necessary intention on her part to bring cohabitation permanently to an end.”

 

The lower courts had dismissed this man’s case as he had appealed on the grounds of mental torture and desertion because his wife had refused to have s*x with him and had apparently left him in 2005.

 

However, the High Court accepted the plea and granted divorce. The man explained how his wife did not satisfy marital obligations by saying no to s*x and then leaving him. The couple did not have any children.

 

The couple had initially mutually decided to seek divorce but the wife never came to any of the proceeding, as reported to the High Court.

 

 

 

The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955.

 

Adultery – The act of indulging in any kind of s*xual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.

 

Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse s*xual act and such are included under cruelty.

 

Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

 

Conversion – Incase either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.

 

Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.

 

Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.

 

Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The s*xually transmitted diseases like AIDS are accounted to be venereal diseases.

 

Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.

 

Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.

 

No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.

 

The following are the grounds for divorce in India on which a petition can be filed only by the wife.

 

    * If the husband has indulged in rape, bestiality and sodomy.

 

    * If the marriage is solemnized before the Hindu Marriage Act and the husband has again married another woman in spite of the first wife being alive, the first wife can seek for a divorce.

 

    * A girl is entitled to file for a divorce if she was married before the age of fifteen and renounces the marriage before she attains eighteen years of age.

 

    * If there is no co-habitation for one year and the husband neglects the judgment of maintenance awarded to the wife by the court, the wife can contest for a divorce.

 
Reply   
 
UNEMPLOYED

YES QUITE NATURAL.

several rulling is there, indian and abroad.

doing over s*x or denying s*x both are grounds for divorce.

 
Reply   
 


For justice and dignity

"The lower courts had dismissed this man’s case"

 

 

why was his case dismissed earlier?there must be strong reasons for it..

 

and why wud a wife deny s*x,then leave him?there must also be reasons for it..

if the wife is disinterested in s*x,she wud not marry...right?


Total likes : 3 times

 
Reply   
 

vedanarayanan advocate,high court, chennai.

 

yes,good judgement but this has  given according to reasonable reason from the wife side...

 
Reply   
 
UNEMPLOYED

" if the wife is disinterested in s*x,she wud not marry...right?"

 

---   NO.

SHE MARRIED  HER FOR MAINTENANCE.

 
Reply   
 
UNEMPLOYED

PLEASE READ ' MARRIED HIM ' INSTEAD OF ' MARRIED  HER '

 

 

MOST OF THE GIRLS MARRY TERGETING MAINTENANCE. IT IS THE MOST PATHETIC AND BARE TRUTH.


Total likes : 1 times

 
Reply   
 
For justice and dignity

ha ha.

 

women's parents spend lakhs of rupees on marriage,only to get back the same money in form of maintenance!

 

wot a logic!

 

and then why wud this man be paying maintenance to the wife who deserted him & never contested his divorce petition?

i pray that no judges are reading ur statements that women in india are marrying only to get a divorce,and then maintenance..u r putting a very serious allegation,that includes genuinely wronged women also,!


Total likes : 2 times

 
Reply   
 

These days women in India are more choosy for s*x and freedom, as enticed in the western countries, since they have also started earning as in the west., No doubt liberty of thought, expression, belief, faith and worship. Equality, Fraternity assuring the dignity of the individual and unity of the nation is enshrined in our national constitution.  Let justice prevail.

 
Reply   
 
Consultant

WOMEN in 2011 especially metro women are liberalised and want to earn by any means, be it maintenance.

a good percentage will not mind "earning by any means".

HMA and 498a was created when society was totally different.

todays society needs totally different laws.


Total likes : 1 times

 
Reply   
 
student

What is marriage, but just an agreement between two humans to live along to share and to take part in each other's happiness and sad, good or bad times.. 

Judge from a Indian judiciary (which accepted, live in marriages and ruled in favour of same s*x marriages..) would definetly know how to handle  to keep the s*x and money while considering divorce petitions.. 

If the guy thinks that she aims for money, let him contest in court and get the ruling in favour of him.. Courts wont blindly order the guy to pay maintainance right.. 

 
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