seeking mutual divorce

She says that emotionally she cannot connect with me for s*x. Every time i approach her, she reminds me the things i said in our last fight and uses this opportunity to hold me responsible for all the fights that we had in the past.

i see. then ask her for md or rcr - which one she likes?

Sir, i dont understand what is MD and RCR. Does court have any legal say on s*x?

Mr Sanjeev Zarbade......................... I feel sorry for you.

mutual divorce;

restitution of conjugal rights.

i will send you the copy of the act sometimes after.

 In Vinita Saxena v. Pankaj Pandit , the Supreme Court considered the question "marriage without s*x" at paragraphs 41 to 49. It was held at paragraph 45, thus:

     " Spouses owe rights and duties each to the other and in their relationship they must act reasonably. In every case where cruelty exists it is possible to say that the spouse at fault has been unreasonable. The list of cruelty, therefore, should be breach of the duty to act reasonably, whether in omission or commission, causing injury to health. Such a list avoids imputing an intention where in fact none may exist. Further all such matters are foresight, desires, wishes, intention, motives, perception, obtuseness, persistence and indifference would remain relevant but merely as a matter of evidence bearing upon the requirement to act reasonably or as aggravation of the matters charged.

   21. The Supreme Court quoted with approval the decision of the Delhi High Court in Rita Nijhawan v. Balkrishan Nijhawan , wherein it was held : "Marriage without s*x is an anathema. Sex is the foundation of marriage and without a vigorous and harmonious s*xual activity it would be impossible for any marriage to continue for long."
 

mr.zarbade, thanks. please also note mr salvi's post for you.

you may also try for reconciliation

Arup sir is great

mr.zarbade, posted it in your profile.

VS,

You can file the custody of the child u./s 26 of HMA as well as the Gurdians and Wards Act, stating that the child is with the maid all the time and there is no one from home to take care of the child. The child is small and so the paramount importance of the child is not seen. What if the child is left alone by the maid for some time? Who is responsible?

IF the infant is lefft alone in the house, then you can file the case u/s IPC 307.  Discuss this point in the womens cell and ask for reconcilation.

hi hardik,

recconcilation is not a possibility her statement in the women cell is very very cheap she has also dragged my parents into it.she is doing all this to torture and torment me i am living in hell i want this to get over asap.i dont want to live with a women like her.

can u advice if i need to withdraw my rcr and file a divorce or i should wait for her written statement

Sir, I believe a MD would take 18 months from the filing of joint divorce petitions or the divorce can be done earlier than that. Also, does the maintenance is based on 20-30% of monthly takehome or it can be lower. If my takehome salary is let us say Rs 2.0 lac pm then would she be entitled to 30% of that since that itself would be very significant amount.

Also, if there is a separation requirement of 1 yr post filing for MD and she says that she wont leave my house then what can be done?

Sir, I believe a MD would take 18 months from the filing of joint divorce petitions or the divorce can be done earlier than that. Also, does the maintenance is based on 20-30% of monthly takehome or it can be lower. If my takehome salary is let us say Rs 2.0 lac pm then would she be entitled to 30% of that since that itself would be very significant amount.

Also, if there is a separation requirement of 1 yr post filing for MD and she says that she wont leave my house then what can be done?

sanjeev

you have posted ur question in my thread and this is not helping both of us if u can understand.

vs