Divorce for sexless life Divorce for sexless life

2 years ago

Hello, I got married on 26th April 2021, and till date I didn't had sex with my wife, as she is refusing for it. I waited almost 2 years educated her, took her to the doctors, counselling and all, now the matter had came between family members and we both are staying apart since last 6 months.
She and Her family members refusing to give mutual concent for divorce, and saying that she is ready to live with me, which I believed almost 7 times. What's their intention was clearly unknown.
So kindly refer me can I go for applying divorce petition? If so what all proofs do I need to submit.
As of now I only got call recordings, and a paper signed by herself and her family members saying that "she didn't had any contact with me since from the marriage, and now on she will live with me".

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hello
You cannot force your wife to have sexual relations with you forcefully. You must have patience. Although if you want to filr for divorce you could do so by filing a divorce petition under the hindu marriage act. Also you must have been living seperately for atleast 1 years to file for divorce.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

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A.hello
Yes you could surely file a divorce but wife refusing to have sex is not a valid reason for divorce. in order to file divorce petition under Hindu Marriage act the couple have to live apart for atleast 1 years.
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Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.Denying sexual intercourse to the spouse for a long duration without sufficient reason amounts to mental cruelty and can be the ground for divorce in India.

You have stated that you are married on 26th April 2021, and again you have stated that you have waited almost 2 years to educate your wife( possibly regarding sex life) , took her to the doctors, counseling and all, now the matter had came between family members and both of you are staying apart since last 6 months.

It seems that there is typographical error regarding your marriage date that's why all the facts as stated thereinafter create ambiguity.So it is necessary to specify the relevant facts without creating any ambiguity.
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Anonymous

Replied 2 years ago

Sorry madam,
The marriage solemnized on 26 April 2019... In an hurry I did typo...
Thank you for the suggestion

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Vidhi Samaadhaan Vidhi Samaadhaan

Sidhaarth

Responded 2 years ago

A.As per law if after marriage the marriage is not consumated for six months then it is a ground to get marriage annulled on this ground. In your case as 2 years have expired hence you can file case for divorce and for filing case for divorce you donot require any consent or permission of wife. Denial of sexual relation is also a kind of cruelty.
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