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sanjeev pawar (service)     05 November 2012

Husband files divor.for of denial of s*x, wife files rcr

Dear members, kindly guide me on this peculiar situation, i filed divorce on grounds of denial of s*x since day one of marriage till today, it has been one and half years now, she abused me verbally on the night of wedding, since then i have competely shunned away from her physically, because it has traumatized me a lot, the denial of s*x and abuses come to haunt me day and night, based on this, i filed for divorce

wife as filed for RCR, i had stopped living with her since last 2 months, we were staying  seperately, i stayed withh my parents as  i was fedup with her, she is accusing me of abandoning her, but in reality the denial of s*x during first night and driving me out of the bedroom raises a thousand questions  day and night, we have been through counselling sessions, but i dont want to continue this marriage come what  may, i am even ready to pay the maintainece, she is not ready for divorce

now, i file for divorce on grounds on grounds of denial of s*x  and she files for RCR, so here.......is the core of the matter reflected in court, that indirectly or directly both parties are admitting the  absense of s*x in marriage. will the court take this into consideration that the petition for divorce and application of RCR point to one thing...the absense of s*x in marriage.  
 pls advicse, how can i present this scenario in court. thanking u all in advance



Learning

 4 Replies

Arvind Singh Chauhan (advocate)     05 November 2012

You have mentioned the ground and facts of your divorce petition. But didn't mentioned the fact of RCR petition filed by wife. Whether she has admitted the fact that there was no cohabitation ?

sanjeev pawar (service)     06 November 2012

hi arvind sir, thanks for your kind reply, wife in her rcr petition has stated how my family and me illtreated her, kept her hungry i did not stay with her, and moved away, leaving her alone to feed for herself, and all blah blah, how she has been an ideal 'Bhartiya naari' and she knows how to respect the husband and all other bullsh*t, however, she has not clearly mentioned that there has been no physical relationship, she has said that i moved away from her since last 2 months and hence there should be order from court to order me to stay with her, and how she is ready to 'forgive' all the sins me and my family members have committed on her, there is no mention here of any physical relationship not kept between us,

vishnu (EE)     06 November 2012

Dear Mr. Pawar

First of all my all sympathy for the trauma and agony that you have under gone. Our legal system is not based on pragmatic circumstances. The situation through which you are undergoing is being faced by thousands silently. I appreciate that you have come up openly. This is a good move.

As such law do not speak about the s*xual aspect of the relationship of husband-wife. It is completely silent about the s*xual rights of a husband/wife. The basis reason of getting married is not for procreation but the martial enjoyment. This is very true and I suppose the members will accept my views. This is high time our law framers should throw light on this most important aspect of husband-wife relationship. The is severely twisted in favour of women and this is being misused repeatedly and the observations are made my courts to this effect.

Denial of s*x should be made valid and concrete ground for divorce without any monetary relief to the  respondent  

Msk-need -nuetral- laws (self)     05 December 2012

Agreed Vishnu points.  Our constitution should define teh responsibilty fo wife in martial relationship. All laws are enacted in favor of woman with a view that in s*X relation only man enjoys and woman gets pain in such moments. What a hypocrisy? Is not the nature created two different gender for co-habitating? This is human-made perception, especially of late largely due to fake feminist movements which have evolved over years,

coming to Sanjeev,

Please throw light on below details also so that learned lawyers can help you.

1. Did you file divorce pettiton first or she filed RCR first?

2. What ground you filed divorce? Cruelty and desertion??

3. What is the status of RCR?

4. In your case, proving who denied s*X is big question. If you have any evidence that you were denied, then you are safe to claim cruelty and desertion? In such case even maintenance is out of question as recent SC ruling says that wife had to prove cruelty meted to her for maintenance

5. If MCD possiblity by paying less alimony,pursue that option rigourously, as contested cases take min 3 years

6. to present this scenario, few thoughts, one is medical test, however I read somewhere this is not encouraged by courts, any conversation recording in phone, email, SMS saved in original form will also help as per IT evidence act. If you can get her statement in words or written form, that also helps.

Caution : I am victim like you; this is individual opinion.

Mani


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