Husband forcing wife for sex is it a ground for divorce

682 votes

Even if he's denying, file a suit for divorce before the family court. Law is very lenient towards wife, mere denying to give divorce by husband does not come in granting divorce by the court in your favour. Its proceeding towards court, so time cant be stipulated

Advocate Vijaya Vasantha Kumari LawRato

971 votes

Madam, u can't take this ground for divorce, asking sex, but you can file under mental and physical harrasment , the time can't be exactly told , has it depends upon the process of law, if u file divorce under mutual consent it can be done by 6 months, u can file a dv case and can ask ur husband for mutual divorce.

Advocate Arvind Singh LawRato

618 votes

File a case for rape since he is having sex without your consent later he would be arrested and later file for divorce you can file casee for divorcr on cruelty mental tortur and certainly u wil get divorce .

Advocate Nagesh B L LawRato

739 votes

Hi,

As per Section 13 (ii) of the Hindu Marriage Act, the petition for divorce can be made before the family court on the ground that the husband has been treating wife with cruelty, and there are various factors which the courts consider as cruelty, any form of harassment including mental harassment is considered as cruelty.

Consent of the other side (in your case your husband) is only mandatory in mutual divorce application, however if you are taking divorce on the ground of cruelty/ harassment you need not seek any approval from your husband.

You have to provide your advocate with the relevant documents such as wedding invitation, wedding photographs, marriage registration certificate, these documents would be required to establish the existence of marriage, further you would have to provide copies of the address proofs to establish the jurisdiction of the court, which means which court can entertain your case (example if both husband and wife are resident of B'lore family court in B'lore would have the jurisdiction to try the matter), further you have to provide in the application grounds and instances which you consider as harassment by the husband.

The first stage after filing of the application would be that the parties would be required to go under a conciliation which would aim at settling the dispute without the marriage being affected. If the mediation fails the time taken to get the final order may be 12 to 18 months.

The above advice is on the presumption that the couple is a Hindu. If not there are other sections and acts which deal with divorce.

Advocate Naman Saraswat LawRato