Denying sexual intercourse to the spouse without sufficient reason, is mental cruelty and is a ground for divorce, the Delhi High Court has reiterated.
A bench of Justice Pradeep Nandrajog and Justice Pratibha Rani granted divorce to a man while taking into consideration his contention that the marriage could not be consummated.
The 46-year-old man had contended that they got married in November 2007 but his wife refused sexual intercourse citing various reasons including medical problem.
A month later, they went to Shimla for their honeymoon, but there also she did not allow the marriage to be consummated and threatened to raise an alarm or jump from the balcony in case any attempt was made by him to touch her. Later, she went to her parents’ home.
The divorce petition was contested by the wife. She alleged that her husband and in-laws used to harass her with dowry demand. She defended her decision to deny sexual intercourse with the husband alleging that he used to drink heavily and ‘inflict cruelty on body, mind and soul’.
She also alleged him of hiding about his earlier marriage and a daughter from the first wife.
The court also took into consideration the fact that his wife had visited his office and made false complaints against his boss, due to which he had to leave the job.
“These conducts individually as well cumulatively amount to treating the husband with cruelty,” the bench said upholding the decision of a family court dissolving the marriage finding it to be a “sexless marriage”.