- This topic has 72 replies, 40 voices, and was last updated 1 year, 2 months ago by
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UAccording to Section 12 of the Hindu Marriage Act of 1955 if impotency is proven then without a doubt divorce is provided to the couple (from Google)
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UImpotency applies only to husbands. Legally and even technically, the corresponding term used in binding judgements for women is “infertility” and that is not a ground for divorce.
Moreover, Fact in issue isn’t whether the wife was infertile. Apparently, she is denying sexual relationship (or, coitus as per Dr. Cooper) with her spouse. SC and many HCs have repeatedly stated that sexual relationship is sacrosanct to marriage and hence, any denial of the same would amount to mental cruelty which is a gender-neutral ground for divorce.-
SHelp me understand. So, suppose a man alleged his wife not providing sex to him and filed for a divorce. But the wife says I do provide him sex and he is lying. How would the man even prove that she’s not.
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UUsually, denial of sex would mean that the wife had moved out of her marital home, and the husband had no access to her for some time. That is considered cruelty towards husband, and the court can grant divorce. Generally, the rulings on this thing works in favour of the person who filed the case as the court’s understanding is that, “why would anyone come to court lying about such intimate information?”
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UNo, he can still claim that she isn’t available to him sexually. However, as is the case with matrimonial disputes in family courts, strict evidence is not really needed. It’s not usual to see the wife fighting back in such cases as why would you want to be with someone whom you are not interested in being in a relationship with?
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UImpotency is not the lack of sex, but the inability o have sex. Denial of sex is a grounds for sex, whereas impotency is a ground for annulment of marriage.
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U> if you ask sex its marital rape 😔
Asking for sex is not marital rape. Forcing your spouse to have sex with you is considered marital rape (not in our country but the general definition)
Withholding physical affection from your spouse and using sex as a weapon is cruel in my opinion. Sex is supposed to be something which both parties should be enjoying not one party using as a tool to make the other person listen to them.
If you find yourself in a dead bedroom situation or with a person who uses sex as a weapon, try to fix it through communication or going to counselling or divorcing if everything fails. But forcing your spouse to have sex with you IS and should be considered Marital Rape (again, not in our country)
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ULegally yes, but that’s not worth it, you will have to face false cases which she will definitely file. False cases, alimony and maintenance, it’s not worth it. Find other ways to fulfill your desires or work on a mutual divorce
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QThere are few factors: impotency, se less period, duration of deprivation … It can’t be temporary impotency due to medical surgery of something for a month or two.
Connect to a lawyer and sex is vital part of married life, it can’t be denied and it’s perfect ground of divorce.
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FLawyer here. Yes, grounds of impotence. The term is usually used for men, but in legal terms it is applicable to a partner of any gender.
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QWhat if it’s not impotence? The woman just doesn’t like having sex.. also how to gather evidence here .. if we claim it will be our word against theirs ..
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Awhy de humanizing? what are u asking then ? that my wife won’t give me sex and I will tolerate that ?
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Anot just for sex . But also u can’t ignore sex totally
Sex is vital , for me . It is as important as other factors.
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UMhmm nope. Sex is not vital in sense you will die without it. You have hands, use them on yourself and stop expecting to be entitled to use other people’s bodies for your pleasure. So dehumanizing and disrespectful…
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AIf any girl doesn’t want sex . Better clarify before marrying. Because I want sex . Sex is vital for my body
U cant impose ur ideology on me . Best u can do is being honest
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UIdeology? 😂
Kay, keep hunting for your sex worker buddy. Also, ya ever think a woman stops giving her body to a man because she’s no longer feels comfortable due to him seeing her as a sex object?
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YShe is not entitled to force him to live with her in a marriage setup. She is not entitled to stop him from having sex outside if she is not involving with him physically. Your talks does not make sense. Fucking bcoz of people like you men will change religion to muslim atleast they have good rules
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