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Is deny physical intimacy to spouse considered as cruelty
12-Oct-2023 (In Divorce Law)
My wife had alleged me to have incest relationship with my sister at a time when she was pregnant and I had to forget it then. Later when my baby was born, during one of the fights and even went on to say that I am not the biological father of the baby. I was deeply hurt by this since I knew she was just trying to mentally torture me and provoke me. However since that time I have denied to have any physical relationship with her and I sleep in a separate bedroom. Do I have valid ground to deny sex or is it mental cruelty in the eyes of law?
Denial of sex is considered to be mental cruelty, in a recent judgement of the high court of Delhi, the court has granted divorce to the husband who had filed a divorce against his wife for denying him sex for over a period of 4 years, terming this denial as Mental Cruelty.
Your case falls well within this ambit and therefore you can file for divorce on this ground as well.
Your case falls well within this ambit and therefore you can file for divorce on this ground as well.
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Adv. Kiran N Murthy
Bangalore | 100+ Answers
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How lack of intimacy destroys marriage?
Infidelity in marriage may lead to divorce. If a woman does not feel that her emotional or physical needs are being met, then she may divorce to find happiness elsewhere. This can cause a breakup of the relationship, which can be devastating to both partners. 6 days ago
Can I divorce my husband for lack of intimacy?
In some jurisdictions a marriage without sexual relations can be grounds for divorce. In legal terms, this is often called alienation of affection or a constructive abandonment. By withholding intimacy, these terms suggest that one spouse deprives the other of an essential marital right. 11 Jul 2023
Can lack of physical relationship is a ground of divorce?
In India, denying sexual intimacy to a spouse for an extended period of time without a good reason can amount to cruelty.
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