If a wife denies s*x, doesn't it amount to cruelty? If a wife calls her husband a rapist doesn't it amount to cruelty?
help_divorce (SC) 10 October 2010
If a wife denies s*x, doesn't it amount to cruelty? If a wife calls her husband a rapist doesn't it amount to cruelty?
Kirti Kar Tripathi (lawyer) 10 October 2010
yes, it cruelty under law
Jamai Of Law (propra) 10 October 2010
Your second statement is very controversial.
Tripathi ji is absolutely right.
It is a cruelty by husband. It is certainly a henious misconduct that the husband is committing to wife.
adv. rajeev ( rajoo ) (practicing advocate) 10 October 2010
denial to have a s*x with the husband amounts to cruelty.
Mahesh (Owner) 10 October 2010
Denial to s*x amounts to cruelty only if she is capable to perform s*x physically and/or mentally. How someone can prove that a lady is ready for s*x unless she herself consents to s*x. If she is not consensual for s*x it amounts to force for s*x. Denial for s*x, though a reality can not be proved. A lady can come up with 1000 reasons why she can deny s*x to her legal partner while disproving the allegations of cruelty. In legal terms, a rape is non consensual s*x and the s*xual partner can be husband or anyone else. So, actually most of the time, you have to have the wife consent for s*x and you can not take it for granted that she may be ready for s*x. The law here also works in a biased way as it does not consider consent from a man for s*x. If a man does not consent for s*x and his wife forces him and still he does not budge, it certainly amounts to cruelty as he has to fulfill her desires. Thus, marriage is a legal way for a woman to rape a man continually and a woman can get everything out of this relationship including money, financial status and support of the powerful indian judiciary with its one sided laws favoring her.
Thus, it is very easy to prove a rape by a wife but it could take a decade or more for a husband to prove the cruelty by wife in denying s*x to him. So, you may find it hard, strictly talking from the legal point of view, to prove such allegations and wrong public allegations by husband also amounts to mental cruelty and thus the wife will always get the benefit of doubt in India.
help_divorce (SC) 10 October 2010
A wife wilfully has s*x with husband bears, delivers a child, takes care of him and then after 2 years applies for divorce on the grounds of cruelty. After birth of child, the couple did not have any s*x between them except on few occassions(2-3 occassions in a period of 2 years) as the wife was not interested in having s*x. However the wife alleges that husband is a rapist and does not know how to have s*x in a proper manner. Can the wife call the husband a rapist in such a scenario and how can she prove the same?
help_divorce (SC) 10 October 2010
Can somebody reply to the above question?
Jamai Of Law (propra) 11 October 2010
Give us a break!!
If they want to divorce at any cost.....they can make any allegations and also don't bother whether they manage to prove it..
Man alleging 'denial of s*x' , starvation that too 'in court' ... and wife counters it in court saying that she was scared b'cos he is too 'amanush' while doing that !!!
Are they both educated ? Yes.......................................... but certainly not cultured.......
It becomes easy for the hon. judge to decree for the divorce...as both have closed the doors for return ......doesn't matter what really happens in bedroom...
When their kid grows up, both spouses are going to feel ashamed of their words and allegation!!
Both need councelling.................This is not a court matter......................Also contact the doctors-family doctors...................ask husband & wife to get participated in each other's activities.........be together for each moment when they are at home......................ask husband to look after kid for 8 hours a day, cooking as well to look after crying kid at midnight, early morning hours also......and then make him go to office also or make him cook food and entertain many tasks etc................he wud forget starvation and get busy in his new role of 'a father' and wud start taking pride in it.......
There is complete lack of participation by both in ech other's daily life..............seemingly wife has already drawn 'laxman rekha' and no entry zone for husband..........that's why he doesn't have a feeling of 'being part of it and belongingness' ....if he experiences the whole daily life of wife looking after babies he wud stop complaining........and he would find solutions also to their mutual expectation...