Wilful Denial Of Sexual Relationship By Spouse Amounts To Cruelty, Says Delhi HC
"There is nothing (more) fatal to marriage than disappointment in sexual relationship."?
That is what the Delhi High Court has said while upholding the divorce granted to a couple whose marriage effectively subsisted for barely 35 days and failed on account of non-consummation of marriage.?
What is the case about??
The court recorded that the concerned couple in the case got married according to Hindu customs and rites in 2004 and the wife soon went back to her parental home and did not return.?
The husband later approached the family court for divorce on the grounds of cruelty and desertion.?
The family court order had granted the divorce. But the wife later appealed against the family court order granting divorce.?
Wilfil denial of sexual relationship is cruelty, says Delhi High Court
Wilful denial of sexual relationship by a spouse amounts to cruelty, the Delhi High Court ruled in the case, stating that "marriage without sex is an anathema".?
The court observed that the marriage was not consummated on account of resistance by the wife who also filed a police complaint claiming she was harassed for dowry about which there was "no cogent evidence". This can also be termed as cruelty, it said.?
"In the present case, not only did the marriage between the parties subsist for barely 35 days but failed completely on account of deprivation of conjugal rights and non-consummation of marriage," the court said referring to the period the woman spent at her matrimonial home.?
The court reiterated?that such deprivation over a period of more than 18 years itself amounts to mental cruelty.?
"Making allegations of dowry harassment resulted in registration of a FIR and the trial to follow can only be termed as an act of cruelty when the appellant has failed to prove even one incident of dowry demand," it said.?
"In (a case), the Apex Court laid down various acts which may amount to mental cruelty and one such illustration was unilateral decision of refusal to have intercourse for considerable period of time?without there being no physical incapacity or valid reason." added the court.??
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