Marriage laws in india ?
Is there any law in the hindu marriage act which provides grounds for divorce or any other form of legal action against a partner if the partner refuses to have sexual relations after marriage?
Willful refusal to indulge in sexual relationship without any genuine cause or reason for a considerable period of time period amounts to mental cruelty as has been clearly held by the Supreme Court of India. In Samar Ghose V/s Jaya Ghose in 2007,the Supreme Court had formulated a list of acts amounting to cruelty & it was this “Unilateral decision of refusal to have intercourse for considerable period without there being any physical incapacity or valid reason may amount to mental cruelty” that the court held.
This can be a ground of cruelty for divorce under section 13(1)(1-a) of the Hindu Marriage Act, 1955 if the parties are Hindu & married according to Hindu form of Marriage.