Sinchu (Software engineer) 01 November 2013

Seeking divorce

Hi,

I am Sinchu,28 years old..

I have been married from last 1.7 years.But my marriage is not on track.

My husband is not interested in Physical relationship.I tried all the way to talk to him and try to understand his problem.But he just shouts at me and he never told me that whats his problem..

In first 3 months of our marriage,we had intercourse for 3-4 times.That too without him showing much interest.But later it just vanished.If I try to talk to him he just says I dont want to talk about that topic and he starts shouting at me.

He says we are leading normal life why you create a scene.According to him Married life without any physical relationship is very much normal.He has erectile dysfunction and Phimosis(tight foreskin problem),but he is not ready to accept that and tried to take some treatment.

I tried to take him to relationship counselors or Sex therapists but he is not willing to come anywhere and he says he doesn't have any problem and I have gone mad who is thinking about all such stupid things.

From last 1 and half years I tried to save our relationship in all possible way.But he is not cooperating at all.

I even talked to his parents.But not getting any solution.So Divorce is the only option which is left out..

I am working women,could you please guide me how can I approach for Divorce?How much time it will take for Mutual consent divorce?And how it helps me?Or should I file a Divorce based on his impotency ?

We have bought a house after our marriage and even I have contributed for that.

Even though I am not property oriented,I feel like I should get share in that becoz he has cheated me and spoiled 2 years of life.And property share may help me financially also.

If anyone gives any solution other then Divorce,then also I will be happy.I am still trying to save our relationship.

Please guide me...Thank you for your time !!

Regards,

Sinchu

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4 Replies

(Guest)

File MCD, you will get divorce in 6 months time.

Good luck.

T. Kalaiselvan, Advocate (Advocate) 01 November 2013

One of the main aim under the Hindu marriage law, the marriage is solomnised for procreation, but in your case as per your statement, the very purpose of marriage has been defeated. According to HM Act, if marriage has not been consummated due to impotency of the husband, decree for nullity of marriage can be granted. Where a husband was unable to consummate the marriage and the wife continued to be virgin on the date of petition filed by her the burden shifts on to the husband to prove that he regained potency before filing of the petition. Since the husband was impotent during the period immediately following the marriage and since he has failed to lead any evidence to show that he has cured himself of his incapacity to consummate the marriage, it would be assumed that he continues to be impotent. Impotency means incapacity for accomplishing act of s*xual intercourse, and by s*xual intercourse in this context is meant not an incipient, partial or imperfect but a normal and complete coitus. Therefore if there is no s*xual intercourse between the husband and wife in normal course then there is no consummation of marriage. Thus the marriage can be dissolved by a decree of nullity. If you are a joint owner of the property, you can file a partition suit seeking partition of the property and separate possession of your legitimate share in the said property. Kindly contact a good lawyer locally and solve the issues. All the best - Adv. Kalaiselvan, Ph: +919443441062