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Is deny physical intimacy to spouse considered as cruelty
12-Oct-2023 (In Divorce Law)
My wife had alleged me to have incest relationship with my sister at a time when she was pregnant and I had to forget it then. Later when my baby was born, during one of the fights and even went on to say that I am not the biological father of the baby. I was deeply hurt by this since I knew she was just trying to mentally torture me and provoke me. However since that time I have denied to have any physical relationship with her and I sleep in a separate bedroom. Do I have valid ground to deny sex or is it mental cruelty in the eyes of law?
Denial of sex is considered to be mental cruelty, in a recent judgement of the high court of Delhi, the court has granted divorce to the husband who had filed a divorce against his wife for denying him sex for over a period of 4 years, terming this denial as Mental Cruelty.
Your case falls well within this ambit and therefore you can file for divorce on this ground as well.
Your case falls well within this ambit and therefore you can file for divorce on this ground as well.
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Adv. Kiran N Murthy
Bangalore | 100+ Answers
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