'Denying sex to spouse cruelty, ground for marriage annulment'

Discussion in 'Politics & Society' started by ejazr, Mar 25, 2012.

  1. ejazr

    ejazr Stars and Ambassadors Stars and Ambassadors

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    'Denying sex to spouse cruelty, ground for marriage annulment' - India - DNA

    Wilful denial of sex, including that on the first night after wedding, by either of the spouse amounts to cruelty and can be a ground for dissolution of the marriage, the Delhi High Court has ruled.

    Justice Kailash Gambhir gave the verdict, upholding the lower court's decree of divorce to a man having a "sex-starved marriage" as his wife refused to have sexual intercourse with him on the wedding night and making him long for it for the subsequent five months, left her matrimonial home.

    "In the present case, the testimony of the husband that the wife was never responsive and was like a dead wood when he had sexual intercourse with her remained unrebutted.

    "It is not that the husband had sex with his wife only about 10-15 times from the date of his marriage within a period of five months, but the wife's cruel act of denying sex to the husband especially on the very first night and then not to actively participate in it even for the said limited period for which no contrary suggestion was given by the wife," the court said.

    It cited various Supreme Court judgements on the issue and said "it is evident that wilful denial of sexual intercourse without reasonable cause would amount to cruelty."

    Referring to the apex court's observation that "sex is the foundation of marriage and marriage without sex is an anathema," Justice Gambhir said, "Marriage without sex will be an insipid relation."

    The high court, however, said frequency of sex cannot be the only parameter to assess the success or failure of a marriage as it differs from couple to couple as to how much importance they attach to the sexual relation vis-a-vis the emotional relation.

    "There may be cases where one partner to the marriage may be over sexual and the other may not have the desire to the same level, but otherwise is fully potent.

    "Marriage is an institution through which a man and a woman enter into a sacred bond and to state that sexual relationship is the mainstay or the motive to be achieved through marriage would be making a mockery of this pious institution.

    "By getting married, a couple agrees to share their lives together with all its moments of joy, happiness and sorrow and the sexual relationship between them brings them close and intimate by which their marital bond is reinforced and fortified," the court said.

    The high court said in matrimonial cases, more often than not it is a challenging task to ascertain as to which party is telling truth as usually it is the oral evidence of one party against that of the other.

    "What happens within the four walls of the matrimonial home and what goes on inside the bed room of the couple is either known to the couple themselves or at the most to the members of the family, who are either residing there or in whose presence any incident takes place.

    "Whether the couple has had sex and how many times or have had no sex and what are the reasons; whether it is due to the denial or refusal on the part of the wife or of the husband, can only be established through the creditworthiness of the testimonies of the parties themselves.

    "Consequently, the absence of proper rebuttal or failure of not putting one’s case forward would certainly lead to acceptance of testimony of that witness whose deposition remains unchallenged," the high sourt said while dismissing the appeal of the wife.

    The couple had got married on February 17, 1991 and lower court verdict allowing divorce to the husband was delivered in February 2001.
     
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  3. ejazr

    ejazr Stars and Ambassadors Stars and Ambassadors

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    The interesting part is that the honorable judge has declared that
    "it is evident that wilful denial of sexual intercourse without reasonable cause would amount to cruelty." :D
     
  4. Singh

    Singh Phat Cat Administrator

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    If sex is the foundation of marriage, then why not allow homosexual marriages ? and then what about Hindu scriptures which talk about vanashrama and exhort couples to only indulge in sexual intercourse for procreation ?

    This has the potential to open a can of worms.
     
  5. rock127

    rock127 Maulana Rockullah Senior Member

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    Sex is a essential part of marriage but can't be the "foundation".Unfortunately in India marriage means sex to a large extent.
     
  6. Singh

    Singh Phat Cat Administrator

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    hence the dowry deaths and out of caste marriages :cool2:
     
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  7. sesha_maruthi27

    sesha_maruthi27 Senior Member Senior Member

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    Marriage is just a license for sex and protection from the law for having sex with women or men. In this world o lust and greed sex is the most wanted thing for chilling out in this world. As predicted by GREAT SAGES OF INDIA sex has become open in the world and the couples are having free and unprotected sex very openly in the park and also on road sides. I think marriage has become a licensed protection to have sex and once you are bored of your spouse you file divorce and marry another partner. I think marriage is no longer required in this present world and all the humans are acting like civilized barbarians. I feel petty for the children who suffer because of the divorce. It is very evident in the case of the NORWAY KIDS row. The father says that his wife ill treats and beats him up in front of the kids and he fears that violence in front of kids is not good.
     
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  8. Virendra

    Virendra Moderator Moderator

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    :scared: where ... when ??
    lets go there :drool:
     
  9. Dovah

    Dovah Untermensch Senior Member

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  10. Yusuf

    Yusuf GUARDIAN Administrator

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    Well I start to suffer from LOSS when I am on an extended business trip. So yeah it's cruel :D
     
  11. Oracle

    Oracle New Member

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    This is a good ruling from the court. Why get tied down in an unhappy wedlock and :drool: over other women. If a guy gets his meal at home, he would not eat outside, ASAT.
     
  12. sayareakd

    sayareakd Moderator Moderator

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    in all good judgement......
     
  13. LETHALFORCE

    LETHALFORCE Moderator Moderator

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    In Indian society sex is probably the major reason for a man to marry and take on all the responsibility that comes with it. If a
    wife denies him this right it is a betrayal.
     
  14. Mad Indian

    Mad Indian Proud Bigot Veteran Member Senior Member

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    What about the men denying sex to their wives :bounce::heh:
     
  15. Kunal Biswas

    Kunal Biswas Member of the Year 2011 Moderator

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    In Indian Society Marriage is not Sex related as it much to have a Child to carry on Family legacy..

    It is stressed on couple to have Child possible male..



    Regarding to above news, the man took right decision its stupid he stuck for so many years, good riddance the Woman probably suffering from some Mental problem.

    Having no sex within couple specially from woman side is abnormal..
     
  16. Mad Indian

    Mad Indian Proud Bigot Veteran Member Senior Member

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    :shocked: then its normal from the man side to have no sex within couple eh?

    Sexist :taunt1:
     
  17. Mad Indian

    Mad Indian Proud Bigot Veteran Member Senior Member

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    I think the issue is that while there are several laws for preventing the abuse of women in the society, there are too few to protect the rights of the men. Even in cases of Adultary, the men are the punishable ones, whether it was the man or the woman that was the married one and so the culprit. The indian ;laws are very biased against Men. And so i welcome this step for more equality for Men:D
     
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  18. Oracle

    Oracle New Member

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    Well yeah. But in a way incorrect too. I once bumped into an ex-flame of mine, who was then married. Before I know, she was bitching about her husband that he has no time for her. It's only later, that I found out that she meant that her husband had not touched her in almost a year. Women expects a lot. Now, stand up and salute! :D

    Correct. There is no reason to continue a relationship in which one partner does not adhere to the codes. And the code is Tan, Man Se!

    How do you know? :D
     
  19. Oracle

    Oracle New Member

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    You can have those men, I'll keep em' women. :laugh:
     
  20. Mad Indian

    Mad Indian Proud Bigot Veteran Member Senior Member

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    :pound::pound:

    So Oracle is writing down his own problems here :p

    Anyway, as i said what about the Women who are denied sex because of Well you know impotent men?:heh:

    We should all break out this marriage system and replace it with open system, were a women has unprotected sex with the male she wants to have babies with and protected sex with others..

    Any one up for this idea?:bounce:
     
  21. Mad Indian

    Mad Indian Proud Bigot Veteran Member Senior Member

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    Actually i was thinking about the opposite:p
     

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