Can I file divorce if husband denies to have sex

687 votes

Deprivation of sex is ground for divorce. You can file for divorce under crualty or on the grounds of impotency. However proving impotency might be difficult.

You have to be living separately for one year immediately preceding to the presentation of the petiton for divorce.

I advice you to discuss about it with him. And if he agrees to divorce you, its best to file Mutual Consent Divorce Petition. It saves you lot of time. If you both are not able to discuss about it and conclude, take help of elders of family or counsellors.

Please feel free to contact us for further clarifications.

Regards

Sandeep Hegde
Advocate

Advocate Sandeep Hegde LawRato

964 votes

Madam,
The Supreme Court has recently made a ruling that states that lower courts can consider sex as a grounds for divorce in India. Such a request would only be valid if either spouse approaches the court for separation following persistent and continued demand for sex leading to injury.

The ruling was made by a bench comprising of Justices P Sathasivam and B S Chauhan, who undertook the responsibility of dealing with the undefined term of "cruelty" under Section 13 of the Hindu Marriage Act.

The bench went on to state that the onus of proving the allegations with clear and verifiable evidence was that of the spouse stating these ground on their divorce petition. The spouse would have to prove the specified conduct of the other partner and his/her "cruel: actions.

This ruling was delivered on the insistence of an aggrieved husband. The justices then went on to deal with studying and defining the term "cruelty", that entitles a spouse to move court for a divorce in India.

The Justices also said that even a single act of violence which was "grievous and inexcusable" in nature could be allowed under this ruling.

Justice Sathasivam, who wrote the judgement for the bench, was quoted as saying:

"Persistence in inordinate sexual demands or malpractices by either spouse can be cruelty if it injures the other spouse."

However, they also went on to say that a few isolated instances of cruel conduct over an extended period of time cannot

and would not be considered as cruelty. In such an instance, the marital life of the particular couple should as assessed.

The bench made these statements while rejecting the request by one Gurbux Singh, who cited cruelty as the grounds.

The following quote was also made:

"Making certain statements on the spur of the moment and expressing displeasure about the behaviour of elders may not be characterised as cruelty. Mere trivial irritation, quarrels, normal wear and tear of married life which happens in day to day life in all families would not be adequate for grant of divorce on the ground of cruelty."

Responding to the statements of Singh, who tried to impress the apex court to grant him divorce on the grounds that his marriage had broken down irrevocably and that there were no chances of a reconciliation. He went on to claim that the couple had been living apart since 2002.

The bench finally said that the sex as a grounds for divorce in India will be considered under Section 13.

Advocate Srinivasa Kudva LawRato

744 votes

You can file a divorce petition on the ground of metal cruelty, actions and inactons of the other spouse which amounts to cruelty. Cruelty for a continuous long period is also consider to be cruelty.

One needs to establish the same in case of a contested matter.

Advocate Siji Malayil LawRato