Relationship after marriage

No for obvious reasons.

Regards

Daksh

yes the answer is 'no' but if husband compels unwilling wife to intercourse, - it will not be amounted to rape.

therefore a question mark is also there.

refusing to have s*x with wife (because of her had behaviour and attitude against the husband and his family members) amount to cruelty??

- it is called constructive desertation.

it is a message to the spouse that, - please change yourself.

though it is a desertation but the purpose is constructive. to bring the bigrel (?) spouse into line,

therefore it  is neither cruelty, nor desertation.

Can men/women be forced to have s*x after marriage?

yes the answer is 'no' but if husband compels unwilling wife to intercourse, - it will not be amounted to rape.

 therefore a question mark is also there.

If the refusal is for genuine reasons then it would not be counted as cruelty otherwise it would be the ground of Divorce (as per the judgement of the Hon'ble SC)

I agree to Ms Rakhi "refusal to s*x by spouse amounts to cruelty" as s*x is intigral part to further a marrital relationship as per Hon'ble SC Law.


Cohabitation has been defined in these words: Cohabitation does not necessary depend upon whether there is s*xual intercourse between the husband and the wife. 'Cohabitation' means living together as husband and wife; and as I endeavored to point out in Evans v. Evans, (1948) I K.B. 175 (7), cohabitation consists in the husband acting .as a husband towards the wife and the wife acting as a wife towards the husband, the wife rendering house-wifely duties to the husband and the husband chershing and supporting his wife as a husband should. Of course s*xual intercourse usually takes place between parties of moderate age if they are cohabiting, and if there is s*xual intercourse it is very, strong evidence- in fact it may be conclusive evidence that they are cohabiting; but it does not follow that because they do not have s*xual intercourse they are not 'cohabiting'. Cohabiting, as I have said, means the husband and wife living together as husband and wife. (Thomas v. Thomas, (1948) 2 K.B, 294 (8), per Lord Goddard CJ. at p. 297.]

"THE cohabitation of two people as husband and wife means that they are living together as husband and wife, the wife rendering wifely services to her husband; the husband rendering husband like service to his wife. They must live together not merely as two people living in one house, but as husband and wife.

In Mullas Hindu Law (17th Edition at page 121) it is stated:

“Cohabitation means living together as husband and wife. It consists of the husband acting as a husband towards the wife and the wife acting as a wife towards the husband, the wife rendering housewifely duties to the husband and the husband supporting his wife as a husband should. Cohabitation does not necessarily depend on whether there is s*xual intercourse between husband and wife. If there is s*xual intercourse, it is very strong evidence it may be conclusive evidence that they are cohabiting, but it does not follow that because they do not have s*xual intercourse they are not cohabiting.”

Cohabitation implies something different from mere residence. It must mean that the husband and wife have begun acting as such and have resumed their status and position as husband and wife. But behind all these it leads to "irretriviable breakdown of marriage" simultaneously two spouses living under one roof and one alleging constructive desertion and other rebutting no everything was fine as it was behind closed door also leads to a contested divorce scenario !

Rgds

I completely agree with Rakhi, if the refusal is for certain genuine reasons it will not amount to cruelty otherwise the spouse are bound to fulfil their marital obligations: One can just imagine a marital relationship without Sex which will just be two person in a house and not a home.

Constructive desertion in divorce law refers to a ground for divorce in some states, under which one spouse engages in misconduct so extensive as to make marital relations insufferable. No clear consensus exists on what justifies the claim on constructive desertion, but cruelty, nonsupport, adultery, or other divorce grounds must be proved before the innocence of the fleeing spouse can be established. Nagging or substance/alcohol abuse is usually not viewed as misconduct that would justify marital dissolution based upon constructive desertion.

Constructive desertion is basically defined as one person leaving the relationship-not necessarily the home. Some examples of marital misconduct that have been applied to constructive desertion include willful refusal of s*x, without just cause and nonperformance of other marital duties as to practically destroy the home life. The denial of s*x alone does not constitute desertion. The spouse also has to stop carrying out the mutual responsibilities of the marital relationship. Conduct that endangers a spouse's life, safety, health, and even self-respect. An isolated assault or two will not necessarily constitute cruelty unless the act was egregious. If the cruelty or intolerable conduct of the one spouse causes the other spouse to leave the home, the spouse remaining in the home could be considered to have deserted the relationship by his/her actions.

Constructive desertion takes place when a husband or wife intentionally forces the innocent spouse to leave the marital dwelling by acting in an offensive manner. The misconduct must be so extensive as to make marital relations insufferable.