Legal implications of wife filing divorce on physical inability


Good morning sir. I m a Hindu male person.Me and my wife have been married for last one year. Initial 3-4 months is very good in physical relation.After 3-4 months of my marriage it is very difficult to handle my life. Main problem is that after one year I am not interested in physical relation but my wife wants it hardly. That's why there is problem in life. Now after one year she don't want to live with me, and wants divorce but I don't . My question is that if she ask for divorce and on the basis of my phisical inability , can he claim for me settlement or half-2 my income or property. Or any other type of loss she can claim me.plz give me suitable advice. Thank you

Answers (3)


260 votes

Dear client,you have legal option to get your wife back. You can file habeas corpus writ petition in the high court directly if your wife is in illegally detention. By filing aforesaid writ petition court will summon to the respondent (her father/mother or the person whose house the carpus is currently residing in) to produce the carpus before the court. Thereafter the concern high court will record the statement of carpus. If she will express the desire to come with you before the court then court will give you the custody of corpus.
In case* she deny to come with you then it would be also good and helpfull for you in the trail of 125 cr.p.c.*(if she claims). For the best advise you can call me via fone call or meeting. Akash Sharma Advocate, High Court, Allahabad.


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195 votes

Yes either of the spouse can claim divorce from the other party on any of the grounds mentioned in hindu marriage act. However the law provides for maintenance for wife from her husband which has to paid both during the pendency as well as permanent alimony.

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116 votes

dear client
if there is no physical relationship for a year then it may be a ground of divorce but if physical relationship between you and your wife takes place after a month or within a year or is irregular then it's not ground of divorce bcz various factor in daily life affects sexual desire of one's. if she leaves you and started to live seperatly then you can file section9 called as rcr (restitution of conjugal rights)

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