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Pramod Uchitkar (TC)     02 January 2021

Wife intentionally not allowing to have sex since 14 months

Hi,

We married in Jan-2006 through marriage registrar (court marriage -section 13). We have two daughters. since last 14 month my wife is not allowing me to have intimate with her, even I tried many time to encourage her for s*x. she is saying that she did not fill anything even if I am with her. whenever I tried to have s*x with her, she is abusing me and saying If I did forcefully she will complain to police station. 

Actually reason behind this is one of my girl friend (married women) with whom I came in contact in 2013. as a friend I little bit open to share my thoughts and life secrets. about her I only told to my wife. but my wife is sceptic, she started to have friendship with her  and then started problem in our life. because my girl friend used to call and text me every day. to stop this quarrel I decided to join new job at out of india and same I informed to my wife so that she should feel secure. 

I got job to Saudi Arabia and I left on 6th Jan,2014. I last mate my girlfriend on 5th Jan, 2014 to explain and tell her situation our life and to end this relationship there only. But my girlfriend did not want me to go away. so, she told my wife lot of thing which I share with her. and she told lie to my wife that we had s*x. since that time my wife very much upset. 

But I end my relationship since 5th Jan, 2014. and till now I did not have any kind of conversation with here. But my wife thinks that I am always in touch with her over phone and on WhatsApp. my wife check my whatsapp profile and my girlfriend whatsapp profile, we both seems online at a time, therefore my wife thinks that we are in conversation. Lot of time I tried to make my wife understood that I am not in contact with here. But my wife is not accepting it. One in a week my wife starting fight with me on this issue.

Therefore I was trying to adjust myself because of my daughters, but now she is not allowing my to have s*x. During the period of 2014 to 2018 I constructed home by spending Rs. 30 Lakh and I Make registry of this house on my wife's name. Since I lost job from May-2018 I am at home and trying to do anything to earn money, because I am not getting proper job according to my profile.

My wife can't prove her obligation in court about extra marital affair (physical relationship) because it is not happen. Even my girlfriend is not going to accept his lie in court, as he is married.

Requesting to suggest divorce procedure, mutual consent divorce is possible or how to file divorce case.

Thanks & regards.

Pramod Uchitkar



Learning

 4 Replies

Samayeta Bal   02 January 2021

Hello sir,

Please go through the following articles to understand and clarify all your doubts.

https://www.lawyersclubindia.com/articles/step-by-step-procedure-in-divorce-case-9410.asp

https://www.lawyersclubindia.com/articles/mutual-consent-vs-contested-divorce-which-is-a-better-way-out--9848.asp

https://www.lawyersclubindia.com/.../divorce-proceedings-by-power-of- attorney-11938.asp

I hope I could be of help.

With regards,

Samayeta Bal.

SHIRISH PAWAR, 7738990900 (Advocate)     02 January 2021

Hello,

You can file a divorce application on the basis of the facts stated above. Not allowing to have s*x and doubting the character is also a cruelty. 

Mutual consent divorce is possible when both parties are ready for divorce. So your wife has to agree to divorce then only you can file and get mutual consent divorce. 

You can send the legal notice on the ground of cruelty stated in your query above and later on file a divorce application in the court. 

Dr J C Vashista (Advocate)     03 January 2021

Which religion both of you profess, wherein you have stated to have solemanised / registered marriage under section 13 (which personal law govern registration of said marriage) , if it is not a fabricated story ?

Both of you are stated to have been married, is it so ? 

P. Venu (Advocate)     03 January 2021

More than the Law and its procedure, what is required is professional counselling.


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