Not getting physical with the husband for a very long time is cruelty: Allahabad High Court

Husband in this case had alleged mental cruelty on his wife. She used to refrain from getting physical with the husband for long durations of time. He had mentioned the changed behaviour of the wife after marriage and her refusal to be physical with him in the plea. He further stated that though they lived together for some time but she shifted to the house of her parents after some time. When he tried to persuade her to come back after 6 months, she denied coming back.

They were separated through a panchayat. The husband had paid alimony to her to the tune of Rs. 22,000. When she remarried, the husband asked for divorce alleging mental cruelty and desertion. She didn’t appear in the family court. Family court had not granted him divorce on the grounds he had requested. High Court noted that family court followed a hyper-technical approach.

Court held that not having sexual relations means that the marriage has ended. The High Court dissolved the marriage and granted the husband divorce.

 

Source: https://www.barandbench.com/news/litigation/person-not-allowing-spouse-to-have-sexual-intercourse-for-a-long-time-amounts-to-mental-cruelty-allahabad-high-court