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Rao (None)     04 October 2013

Divorce

Husband complains that he did not have any s*x with wife for the last 3 years, which is a true lie. Can he get divorce in India on this basis? . What kind of proof he can gather to sustain his claim?

thanks



Learning

 2 Replies


(Guest)

@ Author,


1. First of all put complete query when you are seeking opinion's & suggestion's on public forum.


2. Which marriage act your freind is governed by?


3. Any other case allready filled by her?


4. Non-consummation of marriage itself carries the tag of dead marriage.


5. The proof sustain's the following:


1. The impotence factor in either of spouse which can be medically examined.


2. What is the actual cause of non-consummation other than impotence i.e unwillingness,fraud and coierced marriage, One partner has wantedly withrawn from the society, either of spouse may be in premarital affair or post marital affair leading to avoid cohabbitation,he or she is gay or lesbian, lack of emotional attachment, lack of any fearness or any undue factor prevailing one partner to not cohabbit with each other & etc etc..


3. All the above should be prooved without any doubt's and causes should be argued by both lawyer's.


4. During cross examination stage it can be held that if non-consummation was not there then it's actual cause was this ...this...this....and whose ever the guilt is found he/she will be exclusively liable for such cause of action.


5. Here,if husband proves his petition that realy no consumation has been occured during these 3 year's and even the time boundation of 2 year's of desertion has also been well passed and sort of reconcillation can't be held further then in my opinion there is no impossibility in his case to not get relief.

Mango (Consultant)     05 October 2013

Lawyers were using such excuses between 80-90's to get a divorce. If I were your lawyer, I would not have said so because any picture where both the couple are enjoying out-of-station would be sufficient enough to prove this statement false...!


Also, have you forget about the polygraph test...


Mango




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