• Divorce

Hi Ashish,

this is archana, i am having an issue, need your suggestion.

I got married about 3 months ago in Andhra Pradesh, since then my husband is kind of not really free moving with me and he is avoiding sharing bed with me.

About a week back, he had messaged me that, he is unfit for sex, not having any feelings for sex and her. Also had a mild heart attack. About unfit in the sex he came to know only after the marriage looks like and about a week back he had the heart attack. He is in depression , he stopped talking to his family members and me. But he doesnt touble me any whr. It is just that he is facing issues.

What i would like to know is , by facing all these issues, he looks not to continue the marriage relation with me. He was saying his uncle that he doesn't want to spoil my life. I am confused.

How does it work incase he proceeds for separation.

Pls suggest

Archana
Asked 7 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

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13 Answers

Madam please file a divorce by mutual consent under Hindu law .... U can get divorce within six months ... For more details contact me for guidance

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

A divorce can only be filed after one year of Marriage.

In your case I would suggest you to go for mutual separation after 1 year of marriage if he does not continue with the relationship.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

file for anullment of marriage on grounds of impotency of husband

2) rely upon his messages that he is unfit for sex

3) if your husband does not contest the proceedings you would get decree for anullment within period of one year or so

Ajay Sethi
Advocate, Mumbai
97261 Answers
7856 Consultations

Kindly file a mutual divorce petition and if you wish to quote he is impotent or else quote no mentality match, file it and get divorced in 6 months time, if you can show valid urgency, 6 months can be waived off.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

Hi

This more emotional rather than legal issue.

It's upto you , you choose to support him or go by his point of view of separation.

If you both choose to go for separation then file for 13(B) HMA that is mutual consent divorce.

It would be fastest and simplest way out.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. Check his medical records. Generally, heart attacks would get developed couple of years. ( at least 5 years )

2. Medically if he unfit then apply for divorce.

3. Decide on Maintenance / alimony.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

Respected mam..

I would like to advice socially rather than legally ..Mam as he gives you clear cut answer about his feelings and his capacity...Mam here is two ways one that he might good enough for you to spent your life but here you have to face sex issues ...And second one is that if you want sex you have to leave him ...So all is upto you mam make your mind clear that will you spent your life without sex or not ... Solution is within your question you just have to make your mind clear ...Thanku

Dinesh Sharawat
Advocate, Delhi
1265 Answers
12 Consultations

Hi, since he do not have any ill feelings against you, you should support him at this initial stage of marriage and should not abonden him.. If in future things do not improve, you both can proceed further by filing a mutual divorce petiton

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

Hi, You have to wait till the completion of 1 year of your Marriage and after that both of you can file mutual consent divorce.

2. When the husband is incapable of having sex and he has not interested in marriage it is better both of you can go for mutual consent divorce.

Pradeep Bharathipura
Advocate, Bangalore
5617 Answers
338 Consultations

Its upto you what you want, whether you want separation or not? Because separation is a matter of consent of both the parties.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

Discuss the idea of divorce with your husband and go for mutual consent divorce, which needless to say is hassle free and expeditious.

Vibhanshu Srivastava
Advocate, Lucknow
9670 Answers
310 Consultations

If you do not want to continue this relationship, his statements that he is unfit for the conjugal relationship or sexual life and moreover since the marriage was not consummated, you may file a petition seeking annulment of marriage on the same grounds of non-consummation of marriage owing to his impotency.

You can inform him about this and ask him to cooperate to this so that each can look after their respective life accordingly after this.

T Kalaiselvan
Advocate, Vellore
87463 Answers
2348 Consultations

It depends upon you how you take it, if you are ready for separation then mutual diavorce is good option for you. If you are not ready then you can revoke.

Rajesh Kumar
Advocate, Ludhiana
119 Answers
1 Consultation

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