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Can i seek divorce if i am not interested in physical relationship


27-Oct-2023 (In Divorce Law)
2 months ago I was forced into a marriage. But I am not at all interested in sex, since the beginning I have not had any sex with my wife. I am mentally depressed and broken. How can I seek divorce, I need freedom from this mental agony. I am Hindu.
Answers (2)

Answer #1
910 votes
Hello,

There can be two scenario:
1. As you mentioned you forced into a marriage, in few cases it can be a voidable marriage but to properly advice you, I need more detailed information from you.

2. You can seek divorce only after completing one year of marriage
and if you are very much sure that this marriage can not survive then you need to take few measures in between to seek divorce immediately after one year.

Please feel free to contact me for more detailed advice.
Answer #2
719 votes
Are you living under the same roof or you are living separately ? Need to know more details in connecion with the purported relationship . The divorce Law in India is very specific . Any marriage which is solemnized, whether before or after the commencement of the Hindu marriage Act, may be Dissolved by a decree of divorce, by either the Husband or the wife presenting the petition on the following grounds:
(i) Firstly having had voluntary sexual intercourse with any person other than his or her spouse

(ia) Secondly has treated the petitioner with cruelty after marriage; or

(ib) Thirdly: has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or

(ii) Fourthly has changed is religion and has ceased to be a Hindu by conversion to another religion; or

*(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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