Legal Question in Family Law in India

Dear Sir,

Elabororate more

My name is shirisha and married 1yr ago.From 1yr my husband don't do sex with me till now. He is not a business man I mean to say he is not that busy ,he sleeps every night with me and he never touched me. I would like to apply divorce for this reason? Can I get divorce for the reason not doing sex with me?

I would like to know more about this case:-

1) If my husband is not interested to give divorce what can I do?

2) I want just divorce no police case nothing is it possible?

And I m sure about him(100%) he don't get sex elsewhere.

3) Without Mutual conscent is it possible to get divorce?

if yes..How much time it takes to get divorce?

4)If he also agreed for divorce How much time to get divorce?

Thanking you in advance


Asked on 10/24/11, 10:16 pm

3 Answers from Attorneys
Vishwa Arya Arya & Co.

mutual consent:

If it is by mutual consent, then, it will take six months. first motion, gap of six months, second motion and then divorce.

Without Consent:

You will have to file a petition for divorce on the grounds of mental cruelty. Supreme Court has clearly held that if husband does not have sex with wife then it is mental cruelty for wife. Once you file the petition, time would depend upon whether or not your husband would contest it. If he does not, it may be over on 2nd hearing. But if he contest, then it might take a year or two, depending upon the work load of the court.

Fact that you are thinking to not to file any police case is highly appreciative of you. Have you ever discussed the matter with your husband?

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Answered on 10/24/11, 11:43 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Arya

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Answered on 10/25/11, 1:01 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

As answered before, you should speak with him and find a solution; refusal to honor conjugal obligations amounts to cruelty, desertion and domestic violence; which are sufficient grounds for divorce.

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Answered on 10/25/11, 10:55 am


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