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Whether not having sex with wife is a crime ?
20-Aug-2023 (In Family Law)
My wife filed a case against me and my family under section 498. Family members got confirmed bail. I had to go High Court for bail, where provisional bail was granted on the condition that I have to keep her with honour and dignity. I am ready to keep her in my parental house, but mentally, I don't want to have sex with her. Now I want to know whether not having sex with wife is a crime and my bail can be broken bcoz of this. By relegion we both are hindu.
Supreme Court has said, If a spouse does not allow the partner to have sex for a long time, without sufficient reason, it amounts to mental cruelty,
unilateral decision or refusal to have intercourse for a considerable period without there being any physical incapacity or valid reason may amount to mental cruelty. "Mental cruelty could cause more injury than physical harm,"
IT AMOUNTS TO CRUELTY, IT HAS NOTHING TO DO WITH THE BAIL BECAUSE CANCELLATION OF BAIL CAN ONLY ARISE WHEN THE BAIL CONDITIONS ARE VOILATED
unilateral decision or refusal to have intercourse for a considerable period without there being any physical incapacity or valid reason may amount to mental cruelty. "Mental cruelty could cause more injury than physical harm,"
IT AMOUNTS TO CRUELTY, IT HAS NOTHING TO DO WITH THE BAIL BECAUSE CANCELLATION OF BAIL CAN ONLY ARISE WHEN THE BAIL CONDITIONS ARE VOILATED
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Adv. Ishan Rohan
Ranchi | 200+ Answers
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