Can the husband seek divorce on the grounds of not having sex since years of marriage? And how does one prove?

Answer 1

Yes. This is a ground of mental cruelty on the basis of which a husband can seek divorce. If you please check my last question I asked in Yahoo! India Answers link >>> http://in.answers.yahoo.com/question/index;_ylt=AtOoKbWCuWYIvtWCjoIBzDqRHQx.?qid=20070328212715AATdWEi I had mentioned about the landmark judgment of the Supreme Court where Refusal or not having intercourse without physical incapacity or valid reason is one of the many that will amount to mental cruelty. But here mere refusal once or twice will not amount to mental cruelty but this should be a continues process for a reasonable time that will amount to mental cruelty. How you prove it ? Yes this was the real issue that was pointed out in the various answers & I had promised to reply this soon, now you have pointed out here so let me come out with few circumstances that if coupled with sufficient piece of evidence will help in proving this. As such courts cannot enter your bedroom to see what all you do or don’t do, but because this issue has to be settled by help of certain piece of evidence. Sleeping in separate bedrooms for a very long period of time without any sufficient reason, living separately in different houses for a very long period of time, exchange of letters, mails, sms where one of the party asking his/her spouse to come or resume sexual intercourse which they have not done for long period of time & the other spouse refusing to comply with, making irrelevant excuses for resuming such a relationship, any one partner ignoring the other for such demand of sex by purposely changing the timing of his/her job so that their mutual meeting becomes impossible & such change of timing could have been avoided , taking a job in a place/country where the spouse could not be allowed to live/migrate for very long period of time. Continues infighting amongst the spouse for very long period of time, for no reason as such, but a fight instigated & started by one of the partner just to avoid any sex between the two. Taking interest in some one else by any of the partner to the extend that it will may not amount to adultery on face of it but because of his/her relationship makes him/her continue sexual intercourse with his/her spouse impossible. Purposely indulging in other activities such as watching late night T.V. , internet browsing , late night parties or indulging in any such activities that take most of ones time resulting in intentional avoidance his/her spouse for the purpose of sex, these activities should be in a regular basis & not stopped or reduced on being checked by the suffering spouse but was continued that will show that it was done just to ignore sex with the spouse. Now these are few of the circumstances where you can seek divorce on this ground. Once again I would like to say mere refusal to do sex itself will not amount to mental cruelty but it should be a continues thing that would show a intention of the partner was to inflict nothing but mental cruelty. Asking for kinky sex by one partner & refusal for this by other spouse will not amount to refusal for sex. This thing was pointed out in one of the answer, by sex what should be understood is normal sex between husband & wife not what all Kinky Stuff one see in any P O R N video, magazine, novel, story what ever may be the case & I need not elaborate all here as you all are mature & understand it. For any further guidance write to me directly.

Answer 2

Your marriage , was it situated on true dedication? Or simply desired to be married? What were probably the most clues before you married that align with who he's now? Does that let you know some thing? If it does, and his moves were equivalent, then basically "the hand writing is on the wall" and it is just a topic of time earlier than the wedding utterly disintegrates. I am not in prefer of divorces, but you might be heading down a predictable street of misery, and He may already consider as such. That he transformed from Catholicism, tells you volumes. He neither valued the God of Abraham, and Christ as his Savior, likewise, neither does he real think in Islam. You asked if you have grounds for divorce. Divorce is simply the acknowledgment of 1 or both now not understanding the value of marriage, or the workings of a successful marriage. If it was true love (?) You must have allowed him to maintain his religion, and you observe yours. You need authorized grounds ? Ethical Grounds, ? You dont wish to suffer the guilt of divorce? ... But are you willing to suffer a completely depressing existence.? I'm sorry.....Specifically when there are children. Nevertheless, regularly the inevitable happens, including divorce from an unworkable marriage. I absolutely would present your limitation to him, and let him understand you'll separate from him. Then do it. Such could jolt him into being a Husband and father.... For those who nonetheless love him, you additionally should ask him if he would prefer practising the Christian religion, and give him the liberty to take action. It is improper to try to manage a humans coronary heart or their faith. Like to be Love needs to be freely given and freely received that's what God and Messiah is all about

Answer 3

Yes, it is possible. From what I understand and know, if you file for divorce, you cannot be refused a divorce. I'm not sure how you prove it, but I don't think you would have to. I would think "ir-reconciable differences" would be the reasoning. I would recommend calling a good divorce attorney and talking to them. It would be worth a small fee to discuss it with them and getting good legal advice. Remember, the settlement can still be very expensive.

Answer 4

A husband in India has no legal rights to get divorce. Its a practical fact though law books may say differently. If you know any man in India who has fought for divorce and got it before 6-20 years lemme know despite having all the proofs. The law is not whats written in the books but whats there in the judges mind. If a women wants divorce ( and rob you off in terms of alimony) few tears in front of judge is enough but for a man if not impossible then surely near to impossible to get divorced. It may sound an extreme to you but that's a sad reality. The only way for a man to get easy divorce is if he gets a mutually agreed divorce (of course if he is one of the luck persons in India) for a reasonable settlement amount. Very simply there are no laws for men whees there are 10s of them for women and new ones are getting created everyday thanks to NCW which is more like a National Commission of Wives than Nation Commission of Women. The young brides are the only women as per them and not the abused mothers and sisters and even kids 5-6 yr old who are put into jail just bcoz a young bride does a false complaint to the police. The only organisation or NGO that I know of which favours men in India are SIF.
groups.yahoo.com/group/saveindianfamily/
www.498a.org

So lease awake before its too late for you.

Thanks a lot
a 498a and DV act victim and a male rights activist

Answer 5

the law varies from country to country..your contest and seeking
divorce on this ground will be difficult toprove even'in camera'.What
will be the husband's stand, if the wife files the counter by charging
him as not fit to satisfy her fully? This case can be solved only 'in
camera' with the intervention of the judge and will be too personal a charge to prove. Better to consult an advocate.

Answer 6

Yes, a husband or wife can divorce for whatever reason they like and they don't have to prove it. A husband can divorce for the simple fact that he just doesn't feel like being married anymore. It doesn't matter what the reason is.

Answer 7

Yes . According to supreme court ruling one can go for divorce on not having physical relationship inspite of being marriedprovided u can prove it medically . I am sure already both of u would have gone for counselling regarding this matter.If still it cannot be mended then u can approach the court.

Answer 8

Your marriage , strengthen into it consistent with authentic dedication? or in basic terms had to be married? What have been lots of the clues earlier you married that align with who he's now? Does that permit you recognize something? If it does, and his movements have been comparable, then incredibly "the hand writing is on the wall" and that's barely a rely of time earlier the marriage completely disintegrates. i'm not in desire of divorces, yet you're heading down a predictable highway of misery, and He could already sense as such. That he switched over from Catholicism, tells you volumes. He neither valued the God of Abraham, and Christ as his Savior, likewise, neither does he incredibly have self belief in Islam. You asked in case you have grounds for divorce. Divorce is in basic terms the acknowledgment of one or the two not information the cost of marriage, or the workings of a efficient marriage. If it strengthen into actual love (?) you may have allowed him to maintain his faith, and you prepare yours. you desire criminal grounds ? ethical Grounds, ? You dont desire to go through the guilt of divorce? ... yet are you prepared to go through a thoroughly depressing existence.? i'm sorry.....distinctly while there are youngsters. although, now and lower back the inevitable happens, including divorce from an unworkable marriage. I easily could modern-day your predicament to him, and permit him recognize you will become self sufficient from him. Then do it. Such could desire to jolt him into being a Husband and father.... in case you nonetheless love him, you apart from could could ask him if he could desire working in direction of the Christian faith, and supply him the liberty to realize this. that's incorrect to purpose to regulate someone's coronary heart or their faith. like to be Love must be freely given and freely won that's what God and Messiah is all approximately

Answer 9

yes he can take divorce on the base of not having sex. Doctors can prove it

Answer 10

well , u definitly have the right to seek divorce for sucha reason but they wont be calling it with ist name in the court irreconicbel is what all these emabressings goes under when ur about to meet hsi honour teh judge ! yay ! good luck man . go for it before u forget about it !

Answer 11

i don't know about divorce laws where you live, but i think it's pretty standard that you don't need "grounds" beyond "irreconcilable differences" to get a divorce. i should think that airing your lack of sex life in court is pretty embarrassing..and i don't know how or why you would want to do that.