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sandeep (pvt service)     29 September 2014

How is proved that there is refusal of s*x by wife

Hello experts,  i have filed for divorce on grounds of mental cruelty, for denial of s*x  my petition has been filed in court, my wife is claiming that we were having regular s*x, but it is a fact that i have not had s*x with her since 1st day of marriage until today.because of her denial...please advise me how do i prove this point in court. i dont have any photo or video or any evidence to prove this.. also i discussed this with her parents, they refused to belive me. and just to outsmart me, she suddenly filed one RCR case on me, so as to prove that i was guilty, i lmmediately filed for divorce on the above grounds. but my lawyer is saying that now i am late because she has the first mover advantage and your case will be seen as a tit for tat approach.......is that correct. 



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 24 Replies

N.K.Assumi (Advocate)     29 September 2014

Easy to prove it, but you need an expert family lawyer.

N.K.Assumi (Advocate)     29 September 2014

Easy to prove it, but you need an expert family lawyer.

sandeep (pvt service)     29 September 2014

thanks mr assumi, but given the fact that i have filed divorce after her RCR, my lawyer is saying that, just becuase you filed the case after her RCR case, your case will be considered as 'after thought' that is what i fear now...even after speaking the truth my case will be dismissed, my lawyer is telling me that.

rising up again (FFF)     12 October 2014

sandeep... 

an idea which no lawyer will give... 

 

make a small tattoo near your groin area and keep it a secret (not even to your advocate). Ask your wife about it in the court... when she says that she has been s*x with you. am sure she wont be able to give details...and hence you prove no physical relations with her since years.. 

An expert tattoo maker will help you get a faded tattoo which looks old...   

 

fighting back (exec)     12 October 2014

@rising up again,,,,a very good idea indeed for the author........however if examined closely it would reveal the freshness of the tatoo in a medical examination

rising up again (FFF)     12 October 2014

..fighting back... !!!

 

thats what  we have to think... !!

 

 

henriettarexach (New York City)     12 October 2014

ATTN PLS, am sending my testimony to everyone out there, that is either in my shoe or needs help one way or the other. My names is Henrietta, and i want to share with you all about my relationship breakup back then, which almost lead me to frustration and unhappy life experience. I was married to my ex divorced Husband 2 year and 11 months ago. My husband, I and and our pretty kid was happily living in peace and harmony. But, few months ago my Husband started acting strange to me. Unknown to me, he has been engaging him self online with another woman, which he was keeping from me as a secret. But few weeks ago, i caught him on our computer, mailing this woman. And, when i asked him who she was, he told me that, she was just a friend. The message conversation caught my attention and i decided to go through it. To my surprise, my husband have been dating this woman on my behalf for some period of time. Immediately, after i noticed that, i began to quarrel with him and all he could told me, was that he never loved me, that we should go for a divorce. I thought he was saying it from anger due to the situation at hand as at that moment. Because of the love i had for him, i never wanted to support it, although it happened, i still did not give up on him. I was looking for solution to get him back home. so i went in search on how i can get back my husband. Well, along my search, i saw a testimony of a woman on how Prophet Irabor was able to restore back her marriage home. Immediately, i copied the email address and decided to give a try. After following all the procedures and instructions given to me by Prophet Irabor, within the space of 2 days, my husband gave me a call and started begging me that he was sorry for what has happened between us. And because i love him so much, i quickly responded to him that i have forgiven him and told him to come back home. Me and my husband are now living happy married life again. All respect and honour to you Prophet Irabor, for the Help you have render to me and my family. Sir, i pray God Strengthen you...If you need his help, you can email him on (prophetiraborcharles@hotmail.com)

NATARAJAN IYER (Proprietor)     24 November 2014

 

RCR means RESTITUTION OF CONJUGAL RIGHTS.----

She has filed it means she wants you to be her partner again and provide her s*xual gratification.---

This she has done since you told her parents that she never allowed you to have s*x with her.---

She has filed RCR means she is ready to have s*x with you.---

SO TRUTH IS YOU MIGHT BE IMPOTENT.----

SMARTLY YOU THINK YOU HAVE FILED FOR DIVORCE SO THAT SHE CAN SAY SHE IS READY FOR VIRGINITY TEST TO PROVE THAT SHE HAS HAD SEX WITH YOU AND SO THAT THEN YOU CAN REPLY THAT SHE HAS AFFAIR WITH SOMEONE ----

DO YOU THINK PEOPLE AND COURTS ARE NOT INTELLIGENT ENOUGH ???

You have immediately after the RCR filed for divorce.---

So, with your own move, you have confirmed that you are NOT READY for s*xual life with her.----

She has filed RCR. So, she says she is ready.----

But you have filed reply in the form of divorce. So, that means you are not ready.----

So, she will say HE IS NOT READY BECAUSE HE IS IMPOTENT.----

so, instead of proving her SEXUAL active state, first you get a POTENCY certificate from the DOCTOR which says you are NOT IMPOTENT.----

THINK WELL BEFORE YOU COME TO PUBLIC FORUMS LIKE THESE AND RAISE QUESTIONS.----

MANY BRAINS WILL THINK ON PUBLIC FORUMS. NOT ONE...----

WE ARE NOT AGAINST WOMEN OR MEN HERE.....WE ARE DISCUSSING JUSTICE HERE...---

sandeep (pvt service)     24 November 2014

@natrajan..thank you for your comments, but in my case she is accusing me of having a s*xual intercourse with her numerous times, however to get divorce husband is taking this route, this is her accusation...so how can she accuse the husband of being impotent?

SuperHero (Manager)     24 November 2014

Oh God!!! Help this man....

He wants evidence that he had s*x with wife.

So you mean there should be a video recording in your bed room or some photographers taking pictures!!!!

How long you have been married? Did you have any plans for Kids?

In Court and on papers you can accuse of any thing or everything. But the point is you have to Prove it. 

Courts need evidences..not accusations. 

rising up again (FFF)     25 November 2014

Natarajan.... good point raised. This is a possible step any cunning female or her advocate might take !!!

 

Now, what are the possibilities....of the following situations and how would this be sorted ?

 

1. IF husband files for cruelty on the basis of no s*x for years from wife side. and the wife denies the same ..........How can that be proved ? 

 

2. IF husband files for cruelty on the basis of no s*x for years from wife side. and he can prove the same too. BUT if the wife now files for RCR, would the court force the same on husband even when the husband refuses to accept the wife back as she has already wasted many many years of his life ?? What happens if the husband does not accept RCR ?? What if the husband proves that there is no emotional bonding from wife's side...then how they be s*xually involved ?  

 

3. IF husband files for cruelty on the basis of no s*x for years from wife side. and he can prove the same too. BUT if the wife now files for RCR, and the husband also accepts this. Would the divorce case be dismissed ?  Am thinking of a possibility that would this wife accept to be f*cked by the man she does not love or have emotional feeling for ? Can the husband use this to his advantage ? 

 

 

NATARAJAN IYER (Proprietor)     25 November 2014

 

1. IF husband files for cruelty on the basis of no s*x for years from wife side. and the wife denies the same

..........How can that be proved ? 

 

VIRGINITY TEST CAN BE SOUGHT --- USUALLY COURTS DO NOT GET INTO THAT MESS UNLESS IT

IS RAPE BUT IF THE BONE OF CONTENTION IS THE FACT OF SEX OR NO SEX, AND THE MATTER

IS IN A HEATED STAGE, THEN THE JUDGE MAY AT HIS/HER DISCRETION SANCTION THE SAME ----

BUT THIS IS TRICKY FOR BOTH WIFE AND HUSBAND --- IF TEST IS POSITIVE, THEN THE WIFE IS IN

SOUP AND TROUBLE FOR PERJURY AND IF SHE STILL DENIES THEN ADULTERY COMES INTO

PICTURE....IF THERE ARE KIDS, THEN MORE TROUBLE FOR THE WIFE,....HUSBAND CAN EVEN

REQUEST FOR DNA TEST TO SEE IF KIDS ARE HIS OR OTHERS.

FOR THE HUSBAND, IT WILL PROVE THAT HE IS LYING UNDER OATH SINCE HE HAS HAD SEX...

BUT IF HE STILL DENIES, HE CAN FILE A FRESH COMPLAINT LISTING THE SUSPECTS WITHIN

FAMILY OR OUTSIDE WITH WHOM HIS WIFE HAS HAD SEX AND HENCE IT IS ADULTERY.

 

2) Usually if  either of the party refuses to accept the RCR, usually in one year, it sets the stage for divorce...-------

in the past, men have adopted this strategy and the wife has refused RCR and the NETT-NETT result has been a stage for divorce ----------

EMOTIONAL BONDING ---- to prove the absence of this is very tough since the exercise of proving can

be termed HIGHLY SPECULATIVE--------- so, COMPATIBILITY is a generic word that is used ------

3) If you file for divorce, it means you do not intend to live together ---- During the proceeding, if you file for RCR, you intend to live together

----since to have s*x, you must be together ---

These two are LEGAL INVICEM CONTRADICTORIUM ------ LEGALLY MUTUALLY CONTRADICTORY

so, this means you have a malafide intention of harassing your wife, occupying the time of the court and mis-leading the court of your

intentions since your intention is different from your action -----------

 

IF THE HUSBAND TRIES SUCH EXPERIMENTS WITH THE LAW, THE LAW WILL IN ALL PROBABILITIES SEND THE HUSBAND TO JAIL

 

FROM WHERE HE CANNOT F**K THE WIFE ----

 

I REPEAT --- STICK TO THE RIGHT SIDE OF THE  LAW --- A TWIST HERE AND A TURN THERE IN THE INTERESTS OF JUSTICE

 

MIGHT GO UNNOTICED AND IGNORED BUT USING THE LAW AS THE GEAR OF YOUR VEHICLE IS A DANGEROUS EXPERIMENT

 

SINCE FOR LAW, LAW ITSELF IS THE DRIVER AND YOU ARE ONLY THE PASSENGER....BE CAREFUL

Adv. Chandrasekhar (Advocate)     25 November 2014

Sh. Sandeep,

The problem which you have been facing is not unique.  Several people of both genders face this predicament.  you hadn't have s*x with your wife since the marriage, which is either of these reasons:  1.  She is physically not fit.  2. psychologically developed pathological fear about s*x and hence avoids s*x and manifests into physical symptom like frigidity.  3.  She has a premarital affair and was forced to this marriage. (unlikely as she filed RCR). 4.  Eventhough, she is physically and psychologically fit for physical relation, she is impotent qua you, which means she does nto get any desire to have s*x with you only.  The last one is found in  several cases and court came to decision in such cases that it was impotency towards the petitioner and granted annulment or divorce, as the case may be.  Now, in your case, the fact has to be proved by two ways, 1. first by filing application in the court seeking the direction to send her to physical and psychological examination to find out whether she is impotent in general or in specific qua you.  If she succeeds that she is not impotent, then also all your decks are not burnt.  You can still prove that no s*xual cohabitation happened by filing the affidavit.  Your facts contradict her facts.  On the basis of the totality of evidence, the court comes to a definite conclusion, despite the medical report goes in her favour.  If she is impotent but still urges for RCR, the reason might be that she is expecting good monetary compensation to snap the ties.  Think it over.  Do not lose heart you have not yet lost the case.

2 Like

NATARAJAN IYER (Proprietor)     25 November 2014

@ Adv Chandrashekar Excellent Guidance...But facts in toto have not been listed here by sandeep... Also mutually contradictory statements exist... So based in your guidance he has to match line by line to his case and voice himself here

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