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Denying sex to spouse on first night ground for marriage annulment: Delhi high court


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Posted

Bless you soul, Indian penal code! I can see a lot of guys deliberately denying sex in their suhaag raath and filing a complaint on behalf of their spouse. Mission accomplished! :hatsoff:

Posted
Sexual drive can vary over a period of time - can go up or down for either partner. Most marriages face such issues a fw years after the marriage' date=' when sex starts to become routine and boring for one of them. The romance disappears, fights happen, children become priority and sex becomes a burden.[/quote'] I said sexual 'compatibility' not 'drive'. Sex, in many cases, isn't comfortable for a woman. Therefore, it's no longer pleasure but a painful 'routine'. While there's no control over 'drive ( as rightly mentioned by you), one should do everything in one's capacity to minimize the risks. Hence, one must marry a partner with sexual 'compatibility'. Moreover, I believe that once this happens the 'drive' portion should be taken care of like adults rather than looking at it as a chore.
Posted
Bless you soul, Indian penal code! I can see a lot of guys deliberately denying sex in their suhaag raath and filing a complaint on behalf of their spouse. Mission accomplished! :hatsoff:
There's a reason why it's called 'penal' code. :winky:
Posted

A lot people in arranged marriages don't know their spouse at all. Some get married even without meeting each other so how can they be expected to do it all night long on the first night itself ? Btw I know a desi who had sex with his wife who had delivered Baby 15 days ago, the wife had to get hospitalized and had to to through more surgeries cuz the moron husband couldn't control himself.

Posted
A lot people in arranged marriages don't know their spouse at all. Some get married even without meeting each other so how can they be expected to do it all night long on the first night itself ?
I dedicate my new avatar to you Desi :--D
Posted
A lot people in arranged marriages don't know their spouse at all. Some get married even without meeting each other so how can they be expected to do it all night long on the first night itself ? Btw I know a desi who had sex with his wife who had delivered Baby 15 days ago, the wife had to get hospitalized and had to to through more surgeries cuz the moron husband couldn't control himself.
WTF, dude
Posted
^ That's fair IMO. Men are prone to stray' date=' not women. Call it biological wiring or whatever. Even the suspicion that men feel is rooted in their own proclivities for feeling desire for other women.[/quote'] That is unfair to women. They are human and have a sex drive also.
Posted
I dedicate my new avatar to you Desi :--D
Lol I was also like WTF but then when I give it a thought, he probably better than those countless bastard husband who deck around when their wives are pregnant. A lot of desis husbands have work meetings in Thailand when their biwis are pregnant. Even stationery shop wala finds a way to visit Thailand from India for "business" reasons lol
Posted
That is unfair to women. They are human and have a sex drive also.
If women's minds were as lust-addled as ours then this world would be one non-stop orgy. :D
Posted
How does that contradict the concept of free society and/or democracy? Suppose you are employed with a company xyz and you sign an agreement with the company which states that you won't work for anyone else as long as you are employed with them. And then' date=' to get some additional experience (pun intended :P ), you start working part time for company abc. If caught, you will be in a spot. You can't then say that you are working there by your [i']free will and company abc knows that you are employed elsewhere, but still doesn't have a problem with you working with them. Free society doesn't mean that you can unilaterally renege on an agreement you make (in this case with your spouse). Marriage between two people is a contractual agreement to follow certain rules. Remember, all marriages are registered and the registration form on which all married people sign (or leave thumbprints) have a set of dos and don'ts. Being faithful to the spouse is one of the 'dos' in that list.
But then isnt the law actually treating the woman as a property here, belonging to the husband under a contractual agreement? So if someone else takes your property, you can file a case against him. The property of course, has no say in the whole thing. So in a way, its still demeaning to women
Posted
If women's minds were as lust-addled as ours then this world would be one non-stop orgy. :D
They are, but they are extremely choosy about the right partner
Posted
They are' date=' but they are extremely choosy about the right partner[/quote'] The fact that they exercise thought means their minds aren't as driven by their libido as ours. A butterfly woman will soon find that no man is willing to support her in bringing up her kids. When I don't know for sure if I'm the father, why will I? A woman who is emotionally paired in a loving relationship with a man, will fancy and even fantasize about other men now and then, but is pretty much incapable of cheating.
Posted
Bless you soul, Indian penal code! I can see a lot of guys deliberately denying sex in their suhaag raath and filing a complaint on behalf of their spouse. Mission accomplished! :hatsoff:
Denial of sex is an accepted part of Islam. However, it works only in one direction - the man can deny it to the woman but the woman cannot deny it to the man. Here's what the great quran sez (3 different translations) - verse 4:34 from the chapter An Nisa
Ahmed Raza Khan: Mohammed Aqib Qadri: Men are in charge of women, as Allah has made one of them superior to the other, and because men spend their wealth for the women; so virtuous women are the reverent ones, guarding behind their husbands the way Allah has decreed guarding; and the women from whom you fear disobedience, (at first) advise them and (then) do not cohabit with them, and (lastly) beat them; then if they obey you, do not seek to do injustice to them; indeed Allah is Supreme, Great. Yusuf Ali: Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means. Therefore the righteous women are devoutly obedient, and guard in (the husband's) absence what Allah would have them guard. As to those women on whose part ye fear disloyalty and ill-conduct, admonish them (first), (Next), refuse to share their beds, (And last) beat them (lightly); but if they return to obedience, seek not against them Means (of annoyance): For Allah is Most High, great (above you all). Pickthal: Men are in charge of women, because Allah hath made the one of them to excel the other, and because they spend of their property (for the support of women). So good women are the obedient, guarding in secret that which Allah hath guarded. As for those from whom ye fear rebellion, admonish them and banish them to beds apart, and scourge them. Then if they obey you, seek not a way against them. Lo! Allah is ever High, Exalted, Great.
Now my question is, how does IPC handle these cases? Clearly Indian government and judiciary do not have the balls to enforce common law for all groups. Question to Mariyam (you can bring a unique perspective because you are both a lawyer and a muslim(?)) - if a muslim woman is being denied sex by her husband for the same amount of time as in the case of the OP, can she file for divorce (assuming her husband hasn't flogged her as prescribed by the quran for being 'disobedient') and how would the court treat her case?
Posted

^ I think you've got it wrong here - perhaps someone with more knowledge of Law can clarify, but the Indian Penal Code is universally applicable and overrides the Muslim or any other religious personal law. So, for example if some religion calls for murder, it does not override the punishment for murder under the Indian Penal Code. However, the personal laws of the religion can still be applicable.

Posted
^ I think you've got it wrong here - perhaps someone with more knowledge of Law can clarify, but the Indian Penal Code is universally applicable and overrides the Muslim or any other religious personal law. So, for example if some religion calls for murder, it does not override the punishment for murder under the Indian Penal Code. However, the personal laws of the religion can still be applicable.
Muslims have their own Personal Law and Personal Law Board and I think everything related to this is done by their own law. They dont come under common law. Otherwise, Hindus cannot have more than one wife, while Muslims can as their personal law board allows it which runs based on Shariyat.
Posted
Muslims have their own Personal Law and Personal Law Board and I think everything related to this is done by their own law. They dont come under common law. Otherwise' date=' Hindus cannot have more than one wife, while Muslims can as their personal law board allows it which runs based on Shariyat.[/quote'] All India Muslim Personal Law Board is used mostly for marriage, divorce, inheritance etc...
Posted
Muslims have their own Personal Law and Personal Law Board and I think everything related to this is done by their own law. They dont come under common law. Otherwise' date=' Hindus cannot have more than one wife, while Muslims can as their personal law board allows it which runs based on Shariyat.[/quote'] That's only applicable for things which fall under the purview of Personal Laws, not for things under the Indian Penal Code as far as I know. If tomorrow someone claims chopping off hands for stealing is justified on the basis of Shariah, it won't override the Indian Penal Code's ruling.
Posted
That's only applicable for things which fall under the purview of Personal Laws' date= not for things under the Indian Penal Code as far as I know. If tomorrow someone claims chopping off hands for stealing is justified on the basis of Shariah, it won't override the Indian Penal Code's ruling.
ur correct
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