Denying Conjugal Relations to Spouse for an Extended Period Without Justifiable Cause Constitutes Cruelty

In a legal development, the High Court of Orissa at Cuttack has granted a divorce in a matrimonial dispute, highlighting non-consummation and the withholding of physical intimacy as grounds for mental cruelty. The case involved an appeal by the husband against the family court’s decision to dismiss his civil proceeding seeking the dissolution of marriage.

The judgment, delivered by Justice Arindam Sinha and Justice Sibo Sankar Mishra, addressed the primary argument presented by the appellant-husband. He contended that the marriage should be dissolved due to non-consummation and the alleged mental distress resulting from the denial of physical intimacy.

Justice Arindam Sinha stated, “The appellant-husband, aggrieved by the family court’s judgment dated September 22, 2023, is before us in appeal.” The judges meticulously examined the arguments, evidence, and pertinent legal precedents presented by both parties.

The judgment underscored the conflicting assertions between the husband and the wife, with the husband claiming non-consummation and denial of physical intimacy, while the wife insisted that the marriage had been consummated according to tradition.

Justice Arindam Sinha explained, “Our understanding of the pleadings is that there was an assertion of non-consummation and denial of physical intimacy.” The judges carefully scrutinized the evidence, including WhatsApp messages presented in court, and concluded that the admissions made by the wife during cross-examination contradicted her earlier claims, establishing a lack of physical intimacy.