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Ezaan Khan   12 August 2021

Marriage but no s*x from 2 years

respected sirs
christain girl got married 2years ago but till date no s*xual relation ship btwn thm after a query came to know that boy has a problem and he cannot be a father as per reports and by knowlingly thy hav cheated the girl and their family. The groom side hav a political background and thy are threating the brides family...What is the procidure to take divorce and on what grounds can thy get divorce.
pls give ur valuable suggestion
thx in advance


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 1 Replies

Kevin Moses Paul   12 August 2021

As per your query, let me inform you that legally an Indian Christian Marriage can be dissolved in accordance to the "Indian Divorce Act (IDA), 1869".

Ideally, there are 3 situations with the use of which divorce can be seeked by an Indian christian couple. These grounds are dealt under various clauses of Section X (i.e. Section 10).

▪️Section X(A) was ammended back in year 2001. According to it both parties can seek for divorce through Mutual Consent, which means a divorce where both parties want to separate from eachother.

▪️While on the other hand Section X(I) deals with situations where either of the party can file for a divorce petition on the ground of "Unsound Mind".
However, these grounds require certain conditions to be fulfilled, which are:-
(a) the party must be medically certified as 'incurable',

(b) relevant medical symptoms must have been noted anytime in two years prior to the filing of divorce.

Moreover, women can request for divorce on grounds like Rape, Sodomy and Bestiality in accordance to Section X (II).

In addition to this, the judges’ ruling cited various Supreme Court judgements on the issue and said “it is evident that willful denial of s*xual intercourse without reasonable cause would amount to cruelty.”

Referring to the apex court’s observation that “s*x is the foundation of marriage and marriage without s*x is an anathema,” Justice Gambhir said, “Marriage without s*x will be an insipid relation.”

Here is the link 🖇️ for the judgement, do have a look at it for more input -
https://www.divorcelawyerindia.com/no-s*x-divorce-the-souse-says-indias-high-court/#:~:text=Referring%20to%20the%20apex%20court's,will%20be%20an%20insipid%20relation.”&text=Non-consummation%20of%20marriage%20is,under%20the%20Hindu%20Marriage%20Act

Hope It Helps!

Regards
Kevin M. Paul

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