Putting an end to a nine-year-old marriage, the High Court has repeated that rejecting sex to the spouse for a very long time, without adequate factor, amounted to mental cruelty and is a ground for divorce.
A division bench of mand and woman gave divorce to a male while taking into consideration his contention that the marriage might not be consummated and she had visited his workplace and made false problems against him to his employer, due to which he had to leave the job.
“All these acts, individually as well cumulatively, amount to treating the hubby with cruelty,” the bench said while maintaining the choice of a Family Court dissolving the marriage finding it to be a “sexless marriage”.
The family court on April 1 had dissolved the marriage on a plea by the other half. The lady had moved the high court versus the choice however on Friday, it dismissed her appeal submitted versus the dissolution of marriage.
Passing the order in favour of hubby, the high court pointed out a Supreme court judgement stating not enabling a partner to have sexual intercourse by his or her partner for long, without sufficient factor, totalled up to psychological cruelty to such spouse.
The 44-year-old male stated before the court that they got wed in November 2007 but his wife refused to delight in sexes due to a medical problem. They went to Shimla for a honeymoon in January next year and there likewise she did not allow the marital relationship to be consummated and threatened to raise alarm or jump from the balcony in case any effort was made by the husband to touch her.
After the stopped working honeymoon, they went back to Delhi and once again she left for her moms and dads’ house and returned after about three months, he said, adding that her behaviour towards his mom was likewise insulting and humiliating.
In her defence, the female had said that her husband and in-laws used to bug her with dowry need. She said that her partner utilized to consume heavily and cause cruelty on her body, mind and soul. Her husband used to take heavy dosages of drugs for depression from which he has been suffering for over 10 years.
She also alleged him of concealing about his earlier marriage and a child from the first partner.
