Hello experts i would like to know that my lovely wife has asked for seperate accomodation under DV case. I don't mind giving her accomodation but what if i want to have s*x with her in that seperate accomodation ? What if she denies me entering house or refuse to have s*x ? If i give her something then i should also get something back after all she is my wife.
VINOD VERMA (C E O) 14 April 2014
AS LONG AS SHE IS WILLING, YOU HAVE EVERY RIGHT TO HAVE S*X WITH HER, BUT IF SHE IS UN WILLING, ANY KIND OF FORCEFUL ACT ON YOUR PART COULD GET YOU BOOKED UNDER RAPE. BE CAREFUL. U CAN SEEK RCR FROM THE COURT DURING THE PENDENCY OF YOUR DIVERCE CASE.
Dr J C Vashista (Advocate) 14 April 2014
Both partners should agree and.........
K.K.Ganguly (Advocate) 14 April 2014
1. There is no provision in DV Act or any other Act which states that you can demand S*X with your estranged wife for providing her with seperate accommodation for which she has filed an application as per DV Act,
2. Such S*X has to be consentual irrespective of providing anything.
T. Kalaiselvan, Advocate (Advocate) 14 April 2014
You should not make a reciprocal demand that since you are meeting her demand of separate residence she has to meet your demand for conjugal relations. As a husband you have right to have conjugal relations with her but if she refuses to cohabit you cannot force her to oblige you, it will be an illegal demand, instead you can seek relief through law for her refusal. The logic of I give her something so I should get something back is not justified because it is not a contract or a business term upon which such conditions can be implemented and can be terminated for breach of the same.
Adv k . mahesh (advocate) 15 April 2014
the legal system has given you every right to participate with her in any manner without hurting her
means without forcing her to have what you demand in return because again she can file extra evidences in dv act and demand you more from you.
it is her legal right to disobey from participation or she can participate with you. Not even court can force her to cooperate with you without her willingness
by talking to her till divorce if she agrees you can participate and in mean time if both relations blossom then you both stay collectively withdrawing divorce petition
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