Man granted divorce as wife denied sex!

@ Jamai of Law

How  is it a smart move. please elaborate....

without taking a view of the facts of the case and without knowing the circumstances under which the court passed such a judgment, putting alligations on hc would be wrong......

we all know marriage is a union and one of the big cause behind the creation of such union is procreation so for that s*x is considered to be an essential factor for long live of such union.........

Never before has it been so important to have independent, honest voices and sources of information. We are – as a society – inundated and overwhelmed with a flood of information from a wide array of sources, but these sources of information, by and large, serve the powerful interests and individuals that own them. The main sources of information, for both public and official consumption, include the mainstream media, alternative media, academia and think tanks. Thanks to the computer and the communication-age.

A non-cooperative wife, though a house-wife can make her husband's life more miserable if the man is sensitive to responsibilities. No hard and fast rules to get away from the daily chores, though being a bread-winner.  It is quite easy to say 'to contest in courts'. Each family has their own varying personal problems. One has to therefore chalk-out their priorities. One should have adequate TIME and MONEY to foresee before venturing into filing a suit that also subject to meeting the basic necessities of ROTI, KAPADA and a MAKHAAN to live for shelter. Common man finds the regulatory mechanism in all spheres of life, lacks maintenance of Law and Order, but for provision of loopholes to deviate adding to corruption.   

wow.!!if wife wants maintenance fr "Roti-kapda " of kids thwn it is not fair...!!!!!!!But husband can get divorce on grounds REFUSAL OF S*X!!!

This is acceptable...

Is S*x only thing fr a successful marriage???????

As far as I know(though I'm unsure),none of the ancient Hindu scripttures say that SEX IS THE BASIC NEED OF MAN..

They say that s*x must be done only for having children,not otherwise.On other days,brahmacharya must be followed.

That s*x is the basic need of man, is purely a western concept.

Since this so called basic need has been emphasised upon for so many years,mentality of Indians has also been conditioned this way.

So our subconscious minds have got programmed likewise,and we actually start feeling this "need",which exists primarily due to this conditioning.So,if we reprogram our subconscious minds again that it is "not the basic need",we will no more feel that need.

However,since our subconscious minds are presently programmed towards fulfilling this "lust",if this "lust" is not fulfilled,it leads to frustrations,anxiety,p*rnography addiction,crimes like rapes and divorces in marriages.

Fulfilling this need is considered the backbone of a happy marriage.So couples dont evenwait to jointly visit a s*xologist to cure common s*xual problems,that are primarily due to stress.They rush to courts to annul marriages and fight out expensive battles for many years,instead of spending a few hundred or a thousand rupees to get therapy of a few weeks or months from a s*xologist...all for fulfilling this "need" at the earliest.

madam sabko sanyaas dila do. no lafda no tension.

@

While half agreeing to @ Roshni’s logics; Hindu marriage is a concept of dharma, praja and rati. Thus rati is given third status in a Hindu marriage. Coming back to this single bench HC Judgment I would say it is bad in eyes of very Hindu law.


One side you say in RCR you (means State) can't compel either party to cohabit! What is cohabitation other than living under one roof and doing dharma, praja and rati by a man and women as husband and wife that also if they share their nest for 90 continuous days as per SC Judgment is it not so? Fine, but other side you say forget dharma and praja but on non performance of rati as grounds I am dissolving your marriage!


Which also interprets as; once a errant wife leaves her husband instead of filing for RCR the husband shall now file a simple S. 151 CPC Application for Rati with my wife as single prayer relief!!!!


Well we all know how much wide discretionary power S. 151 CPC holds so now what will happen his application will be dismissed is it not so! Yes, it will be. Now what he shall do, he shall apply to very Court making STATE as first party and wife as second party seeking Divorce on grounds of non-performance of rati by wife and state shall intervene why because when we got married we did not need state to act over our shoulder before 2008 but after Marriage Registration has become compulsory state is a watchdog for both husband and wife! Right?. I think this is doable the way Lordships are churning their perception into contemporary Indian Jurisprudence.


So in other words you are diluting the very concept of RCR and the day is not far off when one crazy for rati husband will create precedent all the way before SC on this very single issue just taking his S. 151 CPC application all the way to SC. Is it not so that S. 151 CPC is stand alone all the way even before Hon'ble SC R/w Art. 136!


Some brilliant doable ideas some of the Lordship’s give and they are not mine…… J 

Avnish madam,

Sanyasis to marriage bhi nahi karte,leave alone s*x.To koi kisi ko sanyasi kaise bana sakta hai?or fir sanyasi banna to personal choice hai na!

This is a forum.We all have the right to express our views,as long as they don't abuse anyone.If you don't like someone's views,you have every right to disagree,but in a refined manner;not in this frustrated manner which you did just now.

Rightly said by Roshni,Westerners announed an order "SEX IS THE BASIC NEED OF A MAN" and all fools,including Indians ,who otherwise believed in high ideals like celibacy and sacredness of marriage followed them like idiots.

Go and settle in America if you don't like Indian values.

Your heart rate,whether slow or fast,slow or fast digestion of your food,your -ve or +ve thinking,the growth of your hair on your scalp;whether fast or slow,your voice,your respiration,your minor or major ailments from pimples to cancer,..all are determined by the conditiuoning of your subconscious mind,since your birth.

Same goes for this silly conditioning,that s*x is the basic need of man.It is not!

It is only for producing children.The persons who wrote about these yogic sciences that stressed on brahmacharya were more advanced,wiser and knowledgeable than these present day so called foolish doctors who call s*x a basic need,after cramming these silly facts from some medical books of the west

meenal dont make personal comments instead of commenting on topic.

s*x is the besic need of leving thinghs!

The men would like everyone to believe that the legal system favour women but it's the other way round now a days the courts are giving divorce to men on the most frivoulous grounds as seen here.  Reasons which have no grounds also in HMA and just about anything is made out to be Cruelty by wife on the husband. 

Indian Marriages are no doubt sacred-agreements between two human beings, in the assembled human Indian society, belonging to both partners to witness the life-time bonded partnership. All this, when the couple (both) have decided to live together and share their happiness and grief together, irrespective of whether in the good or bad times. Liberty and Independence of each other (whether the husband or the wife) must be respected and protected. Sex is not the only factor of importance that to be considered, though ‘Sex’ is a biological need amongst all living-beings, that we see and experience, it is not only for producing children, as commented by one of the readers. If so many factories would have emerged to produce them, especially to supply for the cold countries from the tropical countries owing to high population.

Hence, it is wrong to say that SEX must be done only for having children, it’s a wrong notion. Children are produced as an outcome of pleasure from s*x, by copulation in living beings. Degree of Lust, varies from person to person, whether man or woman,  it is the control over lust that is required to be exercised, to avoid s*x-crimes. There is no doubt that excessive control over lust will end up in anxiety-state, frustrations, addictions to drugs, s*x-related crimes, divorces in marriages etc.

Fulfilling marriage partner’s need is considered vital and a necessity and holy for a happy married-life. But, TIME has become an important factor for its allocation during these fast times, owing to hectic schedule thereby paucity of time. So in real life, couples don’t even have time to discuss common problems, openly and jointly rather discussing personal problems, with an outsider behest of privacy to take appointment with a professional s*xologist.  A Life span is full of compromises and one should learn to be a little flexible to the needs, to adjust and live instead of taking lightly and harming the opposite s*x partner. This is a competitive world we live in; sum of the decisions made in our life, makes our life-style.

Therefore, there is no hard and fast rule of application that ‘biological-need’ to be fulfilled primarily to the fullest in varied form of fantasies, which is meant for those who have nothing else to do for his family and the society at large. Limits and tolerances, do apply in our daily walks of life besides engineering. 

@

Agreeing to Dr. Chandran views I suggest some writers need broader horizon hence I suggest some of the female confused writers shall read


Authority: The Essentials of Forensic Medicine and Toxicology by DR. KS Narayan Reddy, 24th edition, Chapter 17, page no. 336.


Apparently it says that "physiologically men can't be forced into s*x by women."

Calling female writers confused won't help you.

Reading above mentioned books,is good enough for those who ape the western system of medicine blindly,while ignoring Indian system of medicine.

If s*x is the basis of happy marriage,why couples with children are having  divorces now?They also had s*x and got their needs fulfilled.

Lord Rama and Gautama Budhha etc remained away from their wives for many years.So,they should have also grown insane or s*xually frustrated,according to modern doctors,as their needs were not fulfilled.Right?

What do our modern doctors have to say on this?