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.
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