Denying sex to husband for long period ground for divorce

Denying sex to husband for a long time without any justification amounts to mental cruelty and is a ground for divorce, Delhi High Court has said. The verdict came on a petition by a husband seeking divorce, complaining that his wife had subjected him to mental cruelty by not allowing him to have physical relations for four-and-a-half-years though she was not suffering from any physical disability. While allowing the husband’s appeal, the high court granted a decree of divorce to him noting that the wife in a trial court had not specifically denied the allegation. “In view the foregoing discussion, we are of the considered view that the husband has fully established that he was subjected to mental cruelty by the wife by denying sex to him for a long period despite living under the same roof, without any justification and though she was not suffering from any physical disability,” a bench of Justices Pradeep Nandrajog and Pratibha Rani said. 

The High Court has dubbed the case as an "exception" in which "the marriage could not take off right from inception" between the couple who were in the age group of 30 plus at the time of marriage and were "quite mature". While allowing dissolution of their 12-year-old wedlock, it noted that the husband and wife returned with "bitter memories and a spoiled honeymoon" in which she had resisted consummation of marriage and later subjected him and his family to mental cruelty by levelling false accusations. The remarks were made in the judgment by a bench of Justices Pradeep Nandrajog and Pratibha Rani, which dismissed the plea of a woman who had challenged the verdict of a trial court allowing the man's petition seeking dissolution of their marriage on grounds of cruelty. 

"The respondent/husband was able to establish that during their honeymoon not only consummation of marriage was resisted by her, even thereafter causing embarrassment and humiliation accusations have been made against him and his entire



family," the bench noted in its judgement. The bench said the conduct of the woman was such that it was not possible for the man to bear such kind of cruelty. "It is a marriage which could not take off right from inception as the worst kind of mental cruelty was faced by the husband during his honeymoon and thereafter. All his efforts to save the marriage by arranging various meetings, visiting the parental home of the wife...could not save this marriage," the bench said. 

The High Court noted that the marriage was solemnised in January 2004 and the woman had left matrimonial home in April 2004 and thereafter a case was lodged by her against the man and his family members. It noted that the man tried to reconcile the marriage but as she was not agreeable, he filed a divorce petition before a trial court which was contested by the woman. "Before applying for dissolution of marriage on the ground of cruelty, the husband has shown exceptional patience in dealing with the problem in spite of facing humiliation and scandalous allegations being made against him and his family members," the bench said. 

It also observed that accusations levelled by the woman against her husband and in-laws were not substantiated by any oral or documentary evidence. "In the case of arranged marriages where both the spouses are in the age group of 30 plus, honeymoon period is the best time to know, understand and come close to each other. This case is an exception in the sense that just a day after the marriage the parties left for their honeymoon to Shimla and returned with bitter memories and a spoiled honeymoon," the court observed

“In view the foregoing discussion, we are of the considered view that the husband has fully established that he was subjected to mental cruelty by the wife by denying sex to him for a long period despite living under the same roof, without any justification and though she was not suffering from any physical disability,”