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Arun Kumar Jha (Executive Secretary to JMD)     13 June 2014

Sexual intercourse denied by wife

One of my relatives (Male) got married a year back after chatting with a girl from matrimonial site. They are from both from same cast and the mariage was completed as per the traditional process with the consents of the guardians.  Recently we have come to know from the boy that his wife is unable to perform s*xual intercourse and whenever he proceeded for this, the same was denied by his wife on one pretext and the other. Even during one year of marriage there has not been a single day when they could establish the relationship. Now, the girl is threatening to file a harrasment case - on hand and on the other hand she is also denying s*x. Both the guardians have met mutually and the father of girl is agree with the grievance of the boy but the girl herself is so rude that she is always demanding from the boy and she is always threatening.

Can this marriage be annulled ? What should be the procedure to have divorce from the girl ?

Please suggest.



Learning

 3 Replies

Laxmi Kant Joshi (Advocate )     13 June 2014

If marriage is not still consummated within a year marriage then you can file for voidable your marrage u/s 12 of hindu marriage act , if marriage is consummated but now she is denying for s*x then it is a cruelty upon you and also a valid ground for divorce u/s 13(1)(i-a) of hindu marriage act , go for it .

Rangee (Lawyer)     28 June 2014

Hi

Denying s*x by wife is not ground for divorce and non consumation is also not ground for divorce

Rsksingh

Rangee (Lawyer)     28 June 2014

Hi,

denying s*x by wife and non consumation of marriage is not ground to seek divorce.

Rsksingh


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