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Pavan Kumar   27 October 2021

No intercourse from last 5+ years

Hello sir,
My wife is not cooperating and opposing for physical relationship(intercourse) from last 5+ years. Is there a way I can get justice without going for legal issues/divorce. it's really a kind of mental harrasment for me. when there are laws to support women from all corners why none for men. From my perspective this should be taken seriously and also there should be laws to support men.


 6 Replies

Kevin Moses Paul   27 October 2021

As per your situation let me inform you that the Delhi High Court has recently put an end to a nine-year-old marriage, while stating that denying s*x to the spouse for a long time, without sufficient reason, amounts to mental cruelty and is a ground for divorce.

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.”

Henceforth, divorce can be obtained if the spouse has been refusing for s*xual intercourse without reasonable cause as it amounts to Cruelty.

Hope It's Clear!

Regards,
Kevin M. Paul
1 Like

Anusha Singh   27 October 2021

As per your query it is understood that you need information about the legal remedies as your wife is denying s*xual intercourse from more than 5 years.

This results in cruelty which can be the grounds of divorce but as you have mentioned that you do not want divorce then you can first solve this matter by talking to her or by going to any counsellor to save your marriage and if still there is no improvement, then you can file an appeal for restitution of conjugal rights.

The different personal laws in India contain the provision of restitution of conjugal rights. The general wording in all these acts provides that if either the husband or the wife withdraws from the society of the other, without reasonable excuse, the aggrieved party may approach the Court for restitution of conjugal rights.

To proceed with establishing the area wherein the conjugal rights accrue, it is essential to draw a boundary on such area. ‘Withdrawal from society’ does not necessarily have to mean complete desertion or living separately. It can also mean-

Withdrawal from s*xual intercourse,

Non-cooperation in the performance of marital obligations,

Intention to abandon indefinitely

Cessation of cohabitation by voluntary act of the Respondent-wife

Though no Court or no law can force anyone to have s*xual intercourse or to stay with someone against their wish.

Hope it helps!

 

Regards,

Anusha Singh

1 Like

Pradipta Nath (Advocate)     27 October 2021

On this ground, you can file divorce.

Pavan Kumar   27 October 2021

Thanks you Kevin/Anusha/Pradipta ..
Due to our three months of relation after marriage she conceived and we are blessed with a baby girl presently of around 5 years.

I'm unable to give any alimony as the money I earn is sufficient to manage family and my medication (I'm suffering with a disease which has no cure but needs lifelong steroid injections).

In my case, if court consider my situation and leave with out giving alimony I'm ready for divorce.

Pradipta Nath (Advocate)     27 October 2021

Court won't order maintenance which you can't even afford (Rajneesh Vs. Neha). 

1 Like

N.K.Assumi (Advocate)     31 October 2021

File a petition for divorce alleging that she is a Frigid.

1 Like

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