【 RNI-HIN/2013/51580 】
【 RNI-MPHIN/2009/31101 】
Jansamparklife.com
Not allowing spouse to have sexual intercourse for a long time amounts to mental cruelty: Allahabad High Court
25 May 2023
The Court granted a man divorce on the ground of cruelty after his wife refused to have sexual relations and cohabit with him.
The Allahabad High Court recently observed that if a spouse does not allow their partner to have sexual intercourse with them for a long time without a sufficient reason, it amounts to mental cruelty. [Ravindra Pratap Yadav v. Asha Devi]
While dissolving a couple's marriage on the ground of mental cruelty, a Bench of Justices Suneet Kumar and Rajendra Kumar-IV held,
"Undoubtedly, not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, itself amounts mental cruelty to such spouse...Since there is no acceptable view in which a spouse can be compelled to resume life with the consort, nothing is given by trying to keep the parties tied forever to a marriage than that has ceased to in fact."
The Court was hearing an appeal filed by a husband against the order of a family court which dismissed his divorce plea under Section 13 of the Hindu Marriage Act.
He had alleged that after marriage, his wife's behavior towards him changed drastically, and that she refused to cohabit with him. As per the husband, although they lived under the same roof for some time, the wife voluntarily began to live separately after some time at her parents' house.
After six months of marriage, when the husband tried to convince her to come back to the matrimonial home to discharge her obligations of marital life, she refused to do so. In July 1994, through a Panchayat held in the village, the couple got mutually divorced after the husband paid permanent alimony of ₹22,000 to the wife.
Subsequently, after the wife re-married, the husband sought a decree of divorce on the basis of mental cruelty and long desertion. However, she did not appear in court despite sufficient service through publication.
The family court proceeded with the case ex-parte and dismissed the husband's plea, noting that there were no grounds of cruelty to grant divorce.
After going through the facts, the High Court remarked that the family court adopted a hyper-technical approach while dismissing the husband's case. It observed,
"It is evident from the record that since long, the parties to the marriage have been living separately, according to plaintiff-appellant, defendant-respondent had no respect for marital bond, denied to discharge obligation of marital liability. There has been a complete breakdown of their marriage."
The Court thus set aside the family court and granted the appellant a decree of divorce.
The appellant was represented by Advocates M Islam, Ahmad Saeed and Azim Ahmad Kazmi.
Latest Updates
Gwalior: Retired SDO kills himself with his gun, suicide note blames daughter in law
Fake Kinnar beaten up by Real Kinnar in Bhopal, let off after apologizing
धार्मिक स्वतंत्रता पर अतिक्रमण,भोपाल में बहला फुसलाकर धर्म बदलने का मामला एक बार फिर!!
आपसीरंजिश के चलते बदमाशों का गेंगवार, घर मे घुसकर बंदूक से बारूद बगराया और हुए फरार !!
PHQ व पुलिस कमिश्नर दफ़्तर से 10 ख़ाकीधारी जुम्मेदारी से जुदा हो हुए रिटायर !
Newspaper owner's driver commit suicide at the residence in Char Imli area, Bhopal
Indore Law school principal who resigned from post gets a major setback from Indore court, anticipatory bail petition rejected
मध्यप्रदेश में IAS अधिकारी केंद्र में पलायन करने की तैयारी में जुटे, वजह मंत्रियों का व्यवहार
Shivraj warns revenue official-employees on eating money of land before tomorrow’s campaign
5335 children & social workers make map of india through human chain in Indore
Ps MP नगर: सलाखों के पीछे जाने से पहले बेवफ़ा आशिक़ हुआ छू!!!!
धरने के नाम पर राजनीति की रोटियां सेंकने का नया खेल, क़्या कांग्रेस पूरी तरह फेल?
Masked thug who cheated almost dozen shopkeepers of Bhopal, nabbed by joint team of Crime Branch & Jahangirabad
ट्रक में हुई लाखो की रहसमय लूट का कैसे हुआ पर्दाफास?
अब होगी नारी सुरक्षा और भी मज़बूत!! सुनो न !!WE CARE FOR YOU!!
About Us | Contact Us | Privacy Policy | Rss Feed
Total Visitors :- 384651