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Mahendra Chouhan   21 December 2023

Can i get divorcé if wife continuously denying for physical relationship.

I have been married from 9 years. I have a 7 year old daughter. My wife has not established s*xual relationship with me since our marriage except needful s*xual relationship for pregnancy i.e. only for hardly one month. Before pregnancy she had shown reluctance for physical relationship giving reasons like I am suffering from body pain, I am so tired today, will start it from next month etc & after child birth also she continuously gave such reasons. Then she has denied for physical relationship saying I don’t like it, I scare of it so not possible it in further life. So can I get divorce on the basis that she has ruined my s*xual life? Can I claim financial compensation for this? & of course Can I get my daughter’s custody as my wife used me only for pregnancy purpose?



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 6 Replies

Dr. J C Vashista (Advocate )     30 December 2023

Denial of s*xual relationship by spouse tentamount to "cruelty" and you can file a suit for a decree of divorce on the ground of  cruelty.

T. Kalaiselvan, Advocate (Advocate)     31 December 2023

Refusing to physical cohabitation is also considered as an act of cruelty. 

If she has not cohabited with you for continuous period of two years or above, you can file a contested divorce case against her citing this as grounds for cruelty 

Mahendra Chouhan   08 January 2024

Thank you for your reply....Do court ask me to give evidence of above said matter? If so how can I prove that in court?..Please guide..

Sudhir Kumar, Advocate (Advocate)     14 January 2024

Yes you can.

Arya21   01 February 2024

How he can prove that?

Dr. J C Vashista (Advocate )     01 February 2024

Would it be required to prove that the couple did not have physical relation ?

 


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