Non consummation for filing divorce requires any time limit
3 years ago
There is non consummation by wife for the period from March 2019 to February 2020 though husband and wife were staying together alongwith 2 kids . Is this valid ground and valid time frame (1 year non consummation) for filing divorce petition against wife ?
Will family court give divorce on this ground ?
A.Yes, it must be volunteer and deliberate refusal even thought you have persistently requested her. If my answer is helpful to you then please give my FIVE STAR
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Dear Sir,
Non consummation of marriage entitles you to get divorce. Supreme Court Says, "Spouses owe rights and duties to each other and in their relationship they must act reasonably."
A petition for divorce under Section 13 (1)(1-a) and (iii) of the HMA on the ground of cruelty as well mental disorder can be filed by you.
The Court observed, “Undoubtedly, not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, itself amounts mental cruelty to such spouse. A Bench of Three Judges of this Court in Samar Ghosh Vs. Jaya Ghosh (2007) 4 SCC 511 has enumerated some of the illustrations of mental cruelty.”...
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Dear Sir,
Non consummation of marriage entitles you to get divorce. Supreme Court Says, "Spouses owe rights and duties to each other and in their relationship they must act reasonably."
A petition for divorce under Section 13 (1)(1-a) and (iii) of the HMA on the ground of cruelty as well mental disorder can be filed by you.
The Court observed, “Undoubtedly, not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, itself amounts mental cruelty to such spouse. A Bench of Three Judges of this Court in Samar Ghosh Vs. Jaya Ghosh (2007) 4 SCC 511 has enumerated some of the illustrations of mental cruelty.”...
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A.You can Proceed with Mutual Consent
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Akanksha Birthare
Responded 3 years ago
A.yes.
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Suneel Moudgil
Responded 3 years ago
A.refusal to sex is an act of cruelty, and cruelty is a ground to claim the divorce, however, the verdict depends upon the merit of the case,
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