Divorce on the ground of no resumption of conjugal relations

No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse s*xual act and such are included under cruelty.

Sir,

My quarries are below :-

(i) How take divorce on the ground of no resumption of conjugal relationship within one year of passing RCR decree order from the court ?

(ii) How much time a divorce process will take under the ground of no resumption of conjugal relationship after RCR decree ?

(iii) How to submit evidence to the Court on such ground of no resumption of conjugal relationship ?

Dear Friend,

There are many good decisions of SC on the refusal of cohabitation by the spouse amounts to cruelty and thus a good ground for Divorce.

These heades are

* Wife living apart and depriving the husband of the cohabitation willingly..

* Wife is not ready and willing to perform metrimonial obligations and attempted to stay away from her husband by depriving conjugal rights of the husband is a cruelty against him. Suman Kapoor V. Sudir kapoor.

* Denial is it self a sufficient cause, because it causes frustration to the other spouse. The persistant refusal of s*xual intercourse is not excluded from the ambit of cruelty. normal and healthy s*xual relations are ingredients of a happy and harmonious marriage.

* A willful and spontanious denial when the other party is anxious is a cruelty to the other.Specially immediatly after the marriage and there after particularly, both the spouses would normally be eager, anxious, happy and joyous to share togetherness of the body and flassh, as the essence of the marriage demands.

* The question would always be whether the culpability is such , whivh the other party can not endure?

The whole process of the divorce can take around 1`-3 years to get over as now the family court proceedings are much faster if a Advocate represent the case in such a way and seeks a faster result.

In this ref an Affidavit can be given that no resumption of the any physical s*xual relations has been held and in proof there is no sign of the pregnancy and no issue has been produced out of this wed lock.

For further legal assistance on nominal charges,  you can contact undersigned on below given  phone number.

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Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)

Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.

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