Thursday, 2 March 2017

Denial Of Intimacy By wife Can Lead To Divorce

There are many grounds in India for divorce for both husband and wife. The wife can seek divorce when the husband remarries or the husband is properly not providing the maintenance to the wife. The case of infidelity, impotency and neglect by husband are other grounds of divorce.
Husband can also take the case to the court to show that the wife is cheating him and is involved with other person. The new ground for divorce has emerged lately. This is the denial of intimacy or if we can say in simple language, the sex. In recent judgement made by the high court in some states of India, the judgement came out in favour of the husband. The ruling was clear that the wife has denied intimacy to the husband for so long that he has not other way but to re- marry and for that the husband must be given right to divorce the wife.
The experienced lawyers Family law firms in India appearing from the husband side were able to prove that there was not physical or mental or emotion issue involved with the wife and her denial had no reason. And that the period lack of contact between husband and wife was fairly long. The court decision accepted that for normal the life as husband and wife, the husband has right to have few private moments with wife. The wife also could not show the strong reasons for her lack of interest in the sex. Had she given some strong medical or emotional reasons, the court might have taken that into account. But the apparent lack of evidence from the wife side, tilt the balance in the favour of husband.
So other courts also accepted the verdict and did not challenge it. It means that the denial of intimacy has become the new ground for the divorce in India for a husband. The another interesting point is that in another case, the husband failed to prove the same allegation against his wife, because he and his wife was sleeping in the same rooms and there was occasional physical contact between them.
The service of Best divorce lawyers in India lawyers also plays an important role here, as they have to show in the court that the allegations are true and have solid ground. The responsibility of collecting the evidence lies with experienced lawyers.

No comments:

Post a Comment