Legal Question in Family Law in India

abstainaing from the marital obligation tntamounts to cruelty and can be a ground for divorce. She will face no punishment as it is a personal issue .As far as the question of alimony is concerned I will need to know more facts before advising you. contact at 9312411481.

dear client denying sex or physical relation amounts to cruelty and u can ask divorce on that ground. for any legal help call me on 9422611385

ADV PRASAD PATIL

It has been laid down by various Courts in India that refusal to co-habit and/or refusal to fulfill conjugal relations to the spouse amounts to mental cruelty and can serve as a ground for divorce.

You may refer to the Supreme Court judgment, in the case of Samar Ghosh versus Jaya Ghosh 2007 (5) SCALE 1, wherein an attempt has been made to summarise and put down the law with regard to mental cruelty as grounds for divorce in matrimonial law. The significance of the nature of conduct constituting cruelty lies in the fact that the �fault� or �matrimonial offence� theory is followed in Indian matrimonial law.

Physical intimacy is an essential aspect of marriage and a wife's continuous refusal to have such relationship with her husband can be a ground for divorce, the Delhi High Court has held. When divorce on this ground is granted, it does not impose any punishment on the wife. She will be divorced from you.

However, merely because the divorce has been granted on the basis of the mental cruelty that has been meted out by her, does not dis-entitle her from maintenance. She would be entitled to receive the maintenance from you. The amount fixed for maintenance is usually fixed keeping in mind the income of both the spouses as well as the qualification.

Usually, in cases where the wife has no other source of income and is unable to support herself, she is entitled to one-third of the income of her husband as maintenance, though it is to be added that there is no fixed rule for maintenance as such.

-Regards

Advocate Pooja

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