Does the ground for divorce affect my right to maintenance?


I've been married for more than a year now and my husband has no desire of sex. In the last one year of marriage, we have made out about 5 - 6 times, but there has been no sexual intercourse at all.

 

Initially we thought its a medical problem but on consulting doctors, it comes out to be a mental block than anything else as the reports seem fine. There have been numerous fights because of this and I've decided to part ways from this guy now.

 

I wanted to know that if I take a divorce, will I get the alimony?

 

Answer

 

According to latest judgement by various Courts it has been observed that “the wife can't be made to suffer for no fault of her and be deprived of her natural urge to enjoy sexual happiness if the husband is unwilling to share the bed and discharge her duties." 

 

Furthermore the Delhi High Court also observed lately that a marriage without sex will be reduced into an "insipid" and relied on several judicial pronouncements on the issue and underlined that it is a settled proposition that sex is the foundation of marriage and that willful denial of sexual intercourse without reasonable cause would amount to cruelty.

 

Therefore, denying sex to wife without any specific reason is cruelty and ground for divorce under Section 13(1)(i)(a) of the Hindu Marriage Act 1955 (assuming you are a Hindu). Section 13(1) (i) (a) has been reproduced here under for your understanding:

 

has, after the solemnization of the marriage, treated the petitioner with cruelty; or

 

So, as per the above mentioned Section  you can seek a decree for dissolution of marriage (divorce) on the ground of cruelty.

 

With respect to your second question on maintenance, you shall be liable to get alimony / maintenance from your husband  under Section 125 CrPC as well as Section 24 of the HMA during the pendency of your Divorce proceedings. The Court shall decide the maintenance based on the facts and circumstances.

 


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