Contested- one sided divorce from wife

Yes, under certain circumstances, it may be possible to obtain a divorce in India on the grounds of the wife's refusal to have sexual intercourse with the husband. This falls under the category of cruelty as a ground for divorce under Section 13(1)(ia) of the Hindu Marriage Act (HMA).

However, it is important to note that a single instance of refusal to have sexual intercourse may not be considered sufficient grounds for divorce. The refusal must be a persistent and deliberate act that has caused mental and physical cruelty to the husband, making it impossible for him to continue living with his wife.

To establish this ground for divorce, you will need to provide evidence of your wife's persistent and willful refusal to have sexual intercourse with you. This evidence may include medical reports, witness statements, and any other relevant documentation.

To file for a contested divorce in a family court in India on the basis of cruelty as per the Hindu Marriage Act (HMA), you can follow these steps:

1. Consult a lawyer: The first step is to consult a lawyer who specializes in family law matters. They can guide you through the process and help you understand your legal rights and options.

2. Draft and file the petition: Your lawyer will help you draft a petition for divorce on the grounds of cruelty under Section 13(1)(ia) of the HMA. The petition should include details such as the date of marriage, the instances of cruelty, and any attempts at reconciliation.

3. Serve notice to your spouse: Once the petition is filed, your spouse must be served with a copy of the petition and a notice of the court hearing. Your lawyer will handle this process.

4. Attend court hearings: The court will schedule hearings where both parties will be heard. You will need to attend these hearings along with your lawyer.

5. Provide evidence: You will need to provide evidence to prove that your spouse has been subjecting you to mental and/or physical cruelty. Evidence can include medical reports, witness statements, or any other relevant documentation.

6. Cross-examination: During the court hearings, your spouse's lawyer will cross-examine you and any witnesses you have provided to support your case. You will also have the opportunity to cross-examine your spouse and any witnesses they have provided.

7. Final judgment: If the court is satisfied that you have met the requirements for divorce on the grounds of cruelty, it will grant the divorce decree. If not, the court may dismiss the case.

Divorce proceedings can be complex and stressful, and it is essential to have an experienced lawyer by your side to protect your interests and ensure that your rights are safeguarded throughout the process. It is important to note that the divorce process can be complex and time-consuming.