Delhi High Court rules wilful denial of sexual relationship by spouse as cruelty
Landmark Decision Addresses Denial of Sexual Intimacy in Short-Lived Union
The Delhi High Court recently made a significant ruling regarding a short-lived marriage that lasted only 35 days. In this case, the husband sought a divorce because his wife had denied him sexual relations, which he considered a form of cruelty. The wife’s appeal against the divorce decision was also rejected by the bench of judges Suresh Kumar Kait and Neena Bansal Krishna.
The court emphasized the importance of sexual intimacy in a marriage, stating that a marriage without it is problematic. They argued that there’s nothing more damaging to a marriage than disappointment in the sexual aspect of the relationship. In this particular case, the marriage was never consummated because the wife resisted her husband’s advances. She had also filed a police complaint alleging dowry harassment, but the court noted that she failed to provide substantial evidence to support her claim.
To provide some background, the couple got married in 2004 but faced problems soon after. The wife left her husband and returned to her parents’ home shortly after the wedding. Later, the husband decided to seek a divorce, citing cruelty and desertion as the reasons for the separation.
While the court acknowledged that desertion was not proven in this case, they still ruled in favor of granting a divorce. They believed that the wife’s behavior towards her husband amounted to cruelty, which justified ending the marriage.
It’s important to note that the Supreme Court has previously discussed what constitutes mental cruelty in a marriage. One example they provided was the unilateral decision to refuse sexual relations for an extended period without a valid reason.
In summary, the Delhi High Court’s ruling in this case highlights the significance of sexual intimacy in a marriage and the potential consequences of denying it without a valid reason. While the court didn’t find desertion as a ground for divorce, they still granted the divorce on the basis of cruelty due to the wife’s behavior towards her husband. This decision aligns with previous Supreme Court discussions on mental cruelty in marriage, including the refusal of sexual relations without a valid reason.
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