Denying sex to husband, interest in his brother is cruelty: HC | mumbai | Hindustan Times
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Denying sex to husband, interest in his brother is cruelty: HC

A woman not allowing her husband to consummate the marriage and showing “unnatural and improper” interest in her brother-in-law amounts to cruelty and can be grounds for a divorce, the Bombay High Court has ruled.

mumbai Updated: May 09, 2010 01:32 IST
HT Correspondent

A woman not allowing her husband to consummate the marriage and showing “unnatural and improper” interest in her brother-in-law amounts to cruelty and can be grounds for a divorce, the Bombay High Court has ruled.

A division bench on Thursday dissolved Manish Mane’s marriage to Sushma on grounds of cruelty.

“The allegations of cruelty made against the respondent (Sushma) are serious and would strike at the foundation of the marriage. The incidents must have shocked the appellant, causing mental anguish. This conduct would undoubtedly amount to mental cruelty,” the court said.

Manish, a businessman from Pune, married Sushma in November 2002. Manish’s appeal said during their honeymoon in Goa, Sushma told him she was in love with someone else and did allow him to consummate the marriage.

At home, Sushma later started quarreling with Manish over petty issues. She declared her attraction towards his brother, Suresh. “She tried to be physically close to Suresh… and shared dirty jokes with him,” Manish has alleged in his appeal. “Suresh asked her to keep away from him. However, Sushma sought every opportunity to touch him.”

On March 25, 2003, the couple fought after Sushma complained that Suresh had stopped talking to her. She left the house that day.

Sushma, on the other hand, argued that Manish and his family ill-treated her because she was not well educated and came from a poor family. Manish moved the family court in Pune for divorce, but his application was rejected in April 2005.

(Names changed)