Anand 19 September 2015

Need advice on judicial seperation

Hi All, My name is Anand, I got married in July this year and the very first night my wife told me the physical relation we will have today will be the first and last occasion and she wouldn't entertain it after that. I was shocked to hear it from her and I tried to convey her many times during this 2 months but she has been saying blah blah reason to deny the sxxual act. She even does not show any interest in me whether it has to go out together or accompany her somewhere she wants to go, she always refuses me to be with her. She tells that I cook for you & wash clothes, that's all I can do and I am happy with just that and would not like anything else to happen between us. I am seriously stressed by this act/verbal of her and I tried to complain this to her parents and even they are supportive of their girl and say I will have to wait and only live how she wants. I don't think there is any life for me being with her, I want to file a seperation but what I would like to know is, the denial of sxx could be the ground for marriage annulment or should I only go for divorce? If in case I go for annulment, will there be alimony factor in this case? Also please advice how much time would it take to get the judicial seperation on this ground? I am looking to get it done as quick as possible.

Note: I suspect that her lack of s*x interest is something with her physical incompatibility as most of the times she give the reason of immune system being weak. I don't know how true is that but could I ask the court to conduct medical test on her to find the reason? or it is only the court who can order such tests ( as I should not ask this to the court)

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7 Replies

vishak (manager) 19 September 2015

you need some strong evidence for this denial..

Anand 19 September 2015

Can the court order a medical test on when was the last time she had sxxual intercourse? so it can be proved. is this possible from medical perspective?

SAINATH DEVALLA (LEGAL CONSULTANT) 19 September 2015

Just 2 months of marriage and don't come to unneccessary conclusions and ruin UR life.Take her to a good family counsellor and get counselling which could be helpful.Its too early to dream about courts and try to settle the matter amicably.For the present don't involve anybody including elders of both the sides,which could further aggravate.

Anand 19 September 2015

Mr. Sainath, thank you for your advice on this matter.

Problem is that she does not want to go out with me or come where I invite her, so there is no chance for me to convince her to consult a family counsellor, instead she would accuse me for it that I am suspecting her mental health and will do all kinds of drama to make her parents believe I am totally wrong. She has such a nature that she can go to any extent to accuse me and make me wrong in front of everyone. Moreover, she has left me now and staying with her parents for the past 15 days.

2 months (60 days), not a single moment I could cherish this new life. All my dreams for married life are ruined and I have been depressed from the very first day to each moment until now.

SAINATH DEVALLA (LEGAL CONSULTANT) 19 September 2015

Still there is time.This is nothing but a psychological problem,does she become hysteric when she is angry?What is the opinion of UR parents?

Being a lawyer I can straight away suggest U to investigate legal avenues to get rid of her,but that's not the solution.Though I pity UR position,have some more patience and there could be a change in her attitude.

Anand 19 September 2015

She is normal when I am not around and seem to be in anger when I am present at home. My parents feel very tensed seeing my life suffer like this.

prabhakar advocate (advocate) 19 September 2015

1. If marriage is consummated, there is no chance for annulment.

2. If you want divorce, you have to wait one year from the date of marriage and on the ground of denial of s*x, which amounts to cruety, you can file divorce case. It will take 2 1/2 to 3 years to conclude.

3. If you file judicial separation right now, the case will take two and half to three years to conclude. After judicial separation, you have to wait one year more and file divorce case and again it will take two years. Here also, the ground is same, that denial of s*x.