A division bench of Justices Sheel Nagu and Vinay Saraf quashed a judgment of a family court in Bhopal which had by its November 2014 verdict, refused to grant divorce to a man who contended that his wife was subjecting him to mental cruelty by refusing to have sexual intercourse without any valid reason for a long time.
“We understand that unilateral refusal to have sexual intercourse for considerable period without any physical incapacity or valid reason can amount to mental cruelty,” the Court said.
It noted that the wife had denied consummation of marriage from the date of their marriage on July 12, 2006) till the husband left India on July 28, 2006. The marriage was never consummated due to the unilateral decision of the wife to refuse sexual intercourse for considerable period without having valid reason, the bench noted.
The Court further noted that despite the said contention of the husband, the wife didn’t contest the same and therefore, the contentions or pleadings of the husband cannot be discarded and has to be accepted as it is.
The Court said the family court erred in holding that the denial on part of wife to consummate a marriage would not be a ground to dissolve a marriage.
“We are unable to accept the findings of the Family Court in the issue of absence of consummation of marriage or physical intimacy. The Supreme Court has already accepted such an act (of refusing to consummate marriage) of the wife as mental cruelty,” the bench underlined.
Source: Barandbench
