Wife filed rcr and previously denied s*x to husband

Husband claiming absence and wife presence of s*x is NOT sufficient grounds for divorce. You will have to prove in totality - with incidents and numbers and attendant circumstances  - and the judge will have to believe you for this ground to hold. Note that it is not denial of s*x as such but the mental cruelty it leads to which is the proper ground.

 

You may see for an interesting judgement on these :

Smt. Shashi Bala vs Shri Rajiv Arora on 21 March, 2012

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" via the " Thank Contributor " button would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

 

If she says s*x life good...... You have to prove with strong evidence. Have u tried forced s*x with her....??? What attempts had you made for intimacy..... When ...where.....how.....all needs to be prepared as this would be questions of opp. Counsel during your cross examination...... Grounds for such allegations needs to be strong as stated above too...... Try once more for intimacy wid her.....

hello hardeep....thank you very much for your prompt reply, however, how can i prove it with numbers, and attendant circumstances, if wife is believed only on her statement that 's*x was present' then why cant the husband be belived that 's*x was absent'? i mean if the wife is believed only on her oral statement then why is it directly implied that the husband is lying? and also, since wife has filed RCR ( though it is fake) doesnt it mean that there was absence of s*x in marriage? which is a ground for divorce, now, who is the culprit is to be judged, 

@great india.......thank you for your reply, however, how can i force s*x on her if she is not ready for it, also, and attempts of intimacy can only be in a room and obviously not outside, so how do i prove that? obviously there cannot be witness to my attempts....but my real question is, why is the wife believed only on her oral statement that ' there was s*x' and even if the the husband is crying hoarse that ' there is no s*x' even then why is he not believed. i dont understand this part

Well, the wife is not believed but given the benefit of doubt since laws are skewed towards that. More so if the apparent purpose is to keep the marriage intact which the Law v. Much prefers. Marriage in Hindu Law is not a contract but a sacred institution, not to be broken unless absolutely necessary . Wife asking for RCR obviously means she wants your company but you not hers.

 

You could try certainly . Please take proper legal counsel . Maybe you have / can get some medical data to prove your stance.

but how can medical data be given when she is already residing seperately since last 2 years, and from her mothers place she has filed RCR

Go through the judgment of Smt. Shashi Bala case referred to above by Sh. Hardeep.  There is a paragraph about how courts infer the factum of denial of s*x, which happens within the bed room and no one is privy to the actual facts except husband and wife and if both are taking opposite stands.  After reading that judgment, seek further advice.

thank you chandrashekarji, so is it only word against word of husband and wife