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Can No Sex Be Grounds for Divorce in India?
05-Mar-2023 (In Divorce Law)
I have been married for 2 years, and although my husband and I knew each other before marriage, he has shown no desire for sex since we got married. We have consulted multiple doctors, but he neither completes the treatment nor follows up.
I am feeling extremely frustrated and uncertain about whether to file for divorce. I am even beginning to question his sexual orientation. Our relationship feels more like two people just sharing a household rather than a marriage. Can no sex be grounds for divorce in my case? Please advise.
In India, although "sexless marriage"is not explicitly mentioned as a ground for divorce, it can be used to establish mental cruelty or other valid reasons under the Hindu Marriage Act, 1955. If one spouse consistently denies sexual relations without a valid cause, this behavior may amount to mental cruelty, which is a recognized legal ground for divorce. Such cases often result in contested divorces where evidence of the denial and its impact on the marital relationship is presented before the court for consideration.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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To file for divorce due to no sex in marriage, you must have been living separately for at least one year before filing the petition. I advise you to first discuss the issue with your husband. If he agrees, filing for a mutual consent divorce is the best option, as it is quicker and less complicated.
If a discussion isn’t possible, you may seek help from family elders or professional counselors. For further legal guidance, feel free to contact us.
Regards,
Sandeep Hegde, Advocate
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Adv. Sandeep Hegde
Adv. Sandeep Hegde
Bangalore / Bengaluru | 5+ Answers
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This ruling was made by a bench of Justices P. Sathasivam and B. S. Chauhan, who examined the definition of cruelty under Section 13 of the Hindu Marriage Act. They clarified that the burden of proof lies with the spouse filing for divorce, who must present clear and verifiable evidence of cruelty.
The court also stated:
- Extreme or inordinate sexual demands or unjustified refusal of sex can be considered cruelty if it causes harm to the other spouse.
- However, a few isolated incidents or minor disagreements do not qualify as cruelty.
- Even a single act of grievous and inexcusable violence may be grounds for divorce.
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Adv. Srinivasa Kudva
Adv. Srinivasa Kudva
Bangalore / Bengaluru | 5+ Answers
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Adv. Siji Malayil
Adv. Siji Malayil
Bangalore / Bengaluru | 25+ Answers
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