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RaviSK (engineer)     21 September 2016

Wife not willing to have sex

Hi all,

 wife Not willing to have s*x. this has been for last 3 years. The  reason is as I don't want kids due to medical reasons hence she is rejecting with that cause. Can I file divorce on the grounds she is not cooperating for s*x.

Thanks



Learning

 17 Replies

Kumar Doab (FIN)     21 September 2016

It is a valid ground.

Do you have any evidence?

 

Rest discuss with your own counsel in advance.

Mukesh sharma (job )     21 September 2016

Hi ravi its your paersonal ,matter so solve it with your family not here 

 

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     21 September 2016

Sir, 

 

Valid ground for divorce ..

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

Rohit Sahu   21 September 2016

Yes! Its a valid ground for filing divorce petiton. Since the spouses appears to be incompatible with their marital relationship.

(Guest)

It might be a valid ground, but proving it is another thing. Proving it in time is yet another thing. Family court cases are taking at least 4-6 years currently. If she appeals in higher courts, it could take another 5 years. Besides, there is the hassle of false cases, 498a, DVC and maintenance as well. You could be s*x less for all those years! 

So don't go for contested divorce or else not having s*x will be the least of your problems. Just settle it mutually. Explain to her you need to have physical pleasure and not able to live with her, give her what she wants (a reasonable amount) and end it with her. If she too prefers to divorce, that is your best news.

KS Johal   22 September 2016

I agree with Venkat. Try to settle it mutually otherwise it will take longer to resolve the issue of divorce.

G.L.N. Prasad (Retired employee.)     22 September 2016

Every thing is uncertain in the world, you can not be sure that every thing will be alright even if you go for second marriage.  Take her to a Good Doctor or psychologist for good counselling and protect your marriage.

stanley (Freedom)     22 September 2016

@ Author 

 

A  marriage without Sex is anathema,Court holds refusal to have Intercourse as Mental Cruelty. Hence you can file for the same under the grounds of Cruelty . 

 

Alternatively 

 

You have to be prepared for False counter cases from her side like Domestic Violence and 498 A .Even if she does not know it her lawyer will instigate her to file for the same .

 

Newtons Third law of motion follows " For every action there is a equal and  opposite  reaction " 

laughlaughlaugh

RaviSK (engineer)     22 September 2016

Thanks all for your valuable suggestions.

Can she Combat in court saying As I am not intended to have childern hence she is rejecting for s*x. 

Is husband not willing to have childern can be treated as mental cruality by wife ?

stanley (Freedom)     22 September 2016

The ground of mental cruelty is the same for both of you " No s*x " 

Kumar Doab (FIN)     22 September 2016

One purpose of the marriage is also to have children and take the Vansh Bel further.

 

Emotional tags are also attached to it.

 

A woman would like to be a mother and may point out that you have the means and resources to have a family and raise children.

 

How would you counter!

A walk alone (-)     22 September 2016

You can't get divorce on this ground because she has a valid reason that you are not willing to have children that's why she refused . Fault is your also.

anil   23 September 2016

first of all if i was a women , i long back filed a case on you for denying child, show me a law where it says husband can deny wife's consitutional and human rts , if you can't give child then ask her to get it from other means like medical or other-----.

you can suggest for adopting a child.

you can leave her free to get kid by any means or any cost.

what you think is that you married only for bed game , why you not told your problem before marriage to her, you made her life measerable now.

 

Now if i m a man then ....

1.i think in inda marital ra***pe is not a crime. 

2.people give some pills to unconsious and then do game and get bail and again they do.you are legal hubby , still cann't do ?

3. get hind from hindi movie how people lured a girl or boy to have game on bed, use same tacktik , after few times she will get used to have it and then enjoy

4. if no remedy for you fits then go to court and say same to judge and make next 5-10 years enjoying court , it may be called legally harreshed , tortured , r***ped by some money hungry people, since you are gent so you cannot avoid wife only for not going to bed. so pay her in home and go outside and try pay N use toilet or dusbin .for 500 to 5000 or may be more as per you pocket.

 

so moral of story whatever or whoever go to court , both side lawyer will fight like this and you have to pay to both apart from swach bharat tax, kisan tax,and other modi-kejriwal tax , then court fee, driver,bus,auto,T-coffee, etc

according to me, what judge will say to you :: don't come again for this silly question , why you not want kid, why you married,why can't you adopt a kid if any medical probelm with you, why not going for IVF. how can you proove that bed game is denied by wife if you only do not want kid so you are not interested but due to some unknown other reason you want to leave wife now.

NO Devorce granted , appeal dismissed. go to higher court then supreme court , by that time you go to AIIMS due to more medical problem with you

 

might be my answer is not suaitable to you but as a human , you are not doing justice with your wife by not allowing kids.


(Guest)

Mr.Ravi SK has not depicted full story of last three years in which the wife has refused to have s*x with him. Only the reason she dont want kids, is mentioned. Whether any other reasons are there  apart from this. In my personal opinion, if wife have real love and affection with the husband she never refuses regularly since last three years. The refusal can  happened due to some problems rarely.

    Please try to solve the  issue with the help of family members and closed relatives, court can grant divorce but not solve the problems satisfactorily.

   Thanks


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