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Physical relation in marriage

Dear esteemed experts,


Can spouse(husband or wife) push or pressurise the partner for establishing/continuing physical relations?

Is having a physical relation mandatory as per hindu marriage law?


 20 Replies

Tajobsindia (Senior Partner )     03 October 2012

1. Yes. Otherwise the marriage is dead for all practical purposes.

But cannot force eachother with a kitchen knife and/or with a Viagra !


Dear Sir,


So to sum it up, as per hindu marriage law having a physical relation is mandatory in a marriage?

Raja (XYZ)     08 October 2012

without s*x marriage is null and void

Roshni B.. (For justice and dignity)     08 October 2012

tajobs you shud have replied in more detail as you are an expert on this issue.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     14 October 2012

Madam Roshni:  Have you got nothing to say or are you waiting for Tajobs?

NAGARAJAN (advisor)     14 October 2012

so we are marrying for physical relation as per law.Excellent.where our country is going? only god knows.

1 Like

Originally posted by : Dr. MPS RAMANI Ph.D.[Tech]

Madam Roshni:  Have you got nothing to say or are you waiting for Tajobs?

Ramani, Are you feeling jealous of Tajob?;)

Pranjal Srivastava (Lawyer)     15 October 2012


With all due respect of opinion given by learned members of LCI I would like to raise some point.

Ø  Mr. Raja “without s*x marriage is null and void

No According to Sec 12(1)(a) of HMA        

12 Voidable marriages

            (1)Any marriage solemnized, whether before of after the commencement of this Act, shall be voidable and maybe annulled by a decree of nullity on any of the following grounds, namely.-

1[(a)     that the marriage has not been consummated owing to the impotence of the respondent; or]


Ø So the remedy is go for divorce

According to Sec 13(1)(ia) of HMA

13.       Divorce

(1)        Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by decree of divorce on the ground that the other party-


(ia)       has, after the solemnization of the marriage, treated the petitioner with cruelty ;or

Where the wife refuses  to have s*xual intercourse and there in no reason for such refusal, that would amount to cruelty subjected to husband.- Radhey Shyam v.Kusum 1990 (2) HLR 230


Ø Now we consider IPC

Sec 375 of IPC defines Rape-

 375. Rape A man is said to commit "rape" who, except in the case hereinafter excepted, has s*xual intercourse with a woman under circumstances falling under any of the six following descripttions:-

First- Against her will.

Secondly,- Without her consent.

Thirdly- With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

Fourthly- With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.

 Fifthly - With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. Sixthly - With or without her consent, when she is under sixteen years of age. Explanation- Penetration is sufficient to constitute the s*xual intercourse necessary to the offence of rape.

 Exception- Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.]

Now we can clearly see that the word “WIFE” is only used once in above definition in the Exception just to protect those husbands who were married to minor girl and she is not below 15yrs of age (when the IPC came into force marriage of minors where common in India)

So as per my opinion a wife can also been raped by husband .

Again our constitution gives equal fundamental rights to women. So if she don’t want to intercourse she can refuse even with her husband.  Any Man can not force any women for s*xual relationship even He is her Husband although it is a very strong ground for DIVORCE.

So the remedy is go for divorce.



stanley (Freedom)     15 October 2012

A marriage without s*x is anathema .

Pranjal Srivastava (Lawyer)     15 October 2012


Through various judicial pronouncements taken a view that s*x is the foundation of marriage and marriage without s*x is an anathema.

Sex is the foundation of marriage and without a vigorous and harmonious s*xual activity it would be impossible for any marriage to continue for long.

A normal and healthy s*xual relationship is one of the basic ingredients of a happy and harmonious marriage.

Willful denial of s*xual relationship by a spouse when the other spouse is anxious for it, would amount to mental cruelty, especially when the parties are young and newly married.

But again I'll Say no one can force a women against her will or against her consent for s*xual relationship

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     15 October 2012

In a modern civilized society, if an individual refuses to do something, he or she is legally bound to do, the person refusing cannot be physically compelled to do the same. The only remedy available to the aggrieved party is some form of compensation. If it is denial of s*x in a marriage, the aggrieved party can claim dissolution of marriage. I do not know whether further any monitory or other compensation can be claimed.

It has been said that marriage itself is implied consent by both the parties. In a marriage it is difficult to differentiate between a rape and a consensual s*xual relationship.

sanjeev pawar (service)     15 October 2012

dear sir,

i just happened to read your informative advice given in this forum, i wish to seek your advice on my peculiar situation, my wife wilfully refused s*x with me on the first and second nights of marriage, on the second night she threw away my mangalsutra, and called me a ' hijra' , after this, on numerous other occasions i was denied s*x, she threatened to consume poison if i touched her in front of my parents, but suddenly she has changed colors in court, and accusing me of wilfully staying away from her and denying s*x to her, she filed RCR against me in court, and 5 days later i filed for divorce on grounds of cruelty and non consumtion of marriage, now how can i face this particular situation, as in front of the court it is now seen that wife filed RCR means she says it was my fault for non consumption of marriage,

hence pls advice, thanking you in advance

SUNIL (SOFTWARE ENGG)     15 October 2012

after marraige deny to s*x should be a crime.

a married person has all the rights to do physical relationship with his/her spouse anytime he/she wants.

deny to do physical relationship with his/her spouse should be trated as a crime. one should give divorce his/her spouse if anyone does not want to make s*x.

s*x is a basic criteria for human beeing. It must be fulfilled.

NAGARAJAN (advisor)     15 October 2012

if wife ask for 11 times a day what the husband will per law after marriage it is mandatory.any advocate in this forum can do that.

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