Refusal to have s. e. x. is also a kind of cruelty and is covered under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
If any one of the married couple wishes to untie the knot and proceeds to file petition of divorce, then he/she can aver in the petition of divorce that his/her spouse unreasonably refused to have s. e. x.
as one of the grounds for dissolving the marriage.
Mr. Balaji in his query asked that how can he prove that his wife refused him to have s. e. x. many times, then answer is that, if she has not conceived since 10 months then she can never prove that she did allow her husband Mr. Balaji to have s. e. x. And Mr. Balaji can easily take this refusal to have s. e. x. as one of grounds for taking divorce from his wife, as refusal to have s. e. x. is also a kind of cruelty.
Assuming that Mr. Balaji is potent, then in the proceedings of divorce it will be very easy for Mr. Balaji to prove his potency. But medically it is always very much difficult to prove impotency of a man!