Delhi HC: Denying sex to spouse is a ground for divorce

September 12, 2016

Refusing sex to the spouse for a long time amounts to mental cruelty and is a ground for divorce, the Delhi High Court reiterated on Friday, while hearing a divorce petition. The high court to granted relief to a 46-year-old man, who apart from refusal of sex further accused his wife of misbehaving with his mother and visiting his boss at the latter's residence and also at his office to level false complaints against him, thereby, creating a ruckus that forced him to quit his job. “ All these acts, individually as well cumulatively, amount to treating the husband with cruelty,” a Bench of Justice Pratibha Rani and Justice Pradeep Nandrajog said, putting an end to the 7-year marriage. The court dismissed an appeal filed by the wife against the April 1, 2016, order of a family court that dissolved the marriage on a plea by the husband. The court had observed that the mental cruelty by the wife was to the extent where it was not possible for the couple to live together. At the time of marriage on November 21, 2007, while the husband was a divorcee, the wife was 35 years old and unmarried. For two months after the marriage, she refused to indulge in sexual activities on the ground of “ medical problem” . Even during a delayed honeymoon in Shimla in January next year, she did not allow the husband to touch her and threatened to raise alarm or jump from the balcony if he tried to do so. On return to Delhi after the failed honeymoon, she left in a huff for her home and returned only after three months. Wife's Defence in her defence, said her husband used to drink heavily, indulge in heavy dose of depression and inflict cruelty on her “ body, mind and soul” . “ Due to heavy drinking and use of heavy dose of drugs for depression, he was not able to have a proper and healthy physical relationship,” she told the court, adding that she was also upset that he had concealed his earlier marriage. But the high court did not find merit in her defence. “ The wife also could not rebut the evidence led by the husband to prove the act of mental cruelty being caused by her by visiting his boss at his residence and also at his office and creating a scene there after which he was forced to leave his job.”

OUR TAKE

This is not the first time the court has considered denial of sex as one of the reasons for grant of divorce. The judiciary in its various judgement has upheld the sanctity of physical relationship between a married couple and how important it is for maintaining a martial relationship. The court was right in its decision of granting relief to the husband.