Not allowing spouse to have physical relationship for a long time amounts to mental cruelty: Allahabad High Court

Allahabad High Court News: The Allahabad High Court has made a big comment while hearing a case related to a couple. The court has termed mental cruelty for not allowing the spouse to have physical relations for a long time. The court said, “If a husband or wife does not allow his or her partner to have sex for a long time without any reason, it amounts to mental cruelty.”

The division bench of Justices Sunit Kumar and Rajendra Kumar-4 made this remark while ending the marital relationship of a couple on the ground of mental cruelty. The bench observed, “Not allowing one’s partner to have sex for a prolonged period without sufficient reason, in itself amounts to mental cruelty to such spouse.”

What did the court say on marital relations?

Pronouncing the judgement, the bench said, “There is no acceptable reason to hold that a husband or wife can be compelled to resume life with the wife. There is no reason to bind the couple forever.” Nothing is gained by trying, which is really over.”

What is the whole matter?

The court was hearing an appeal filed by a husband against the order of a family court which dismissed his divorce petition under Section 13 of the Hindu Marriage Act. He had alleged that after marriage, his wife’s behavior towards him changed drastically and she refused to live with him. The wife started living separately in her parents’ house after some time of her own free will.

Divorce was done by the panchayat

Six months after the marriage, when the husband again tried to persuade her to return to her in-laws house, she refused. In July 1994, through a panchayat organized in the village itself, the couple got a mutual divorce after the husband gave a permanent alimony of 22 thousand to the wife. After the remarriage of the wife, the husband sought a decree of divorce from the Family Court on the grounds of mental cruelty and prolonged distress.

High court granted divorce decree

The Family Court proceeded with the matter ex parte and dismissed the husband’s petition, observing that there was no ground of cruelty for granting divorce. At the same time, now after looking at the facts, the High Court remarked that the Family Court had adopted a hyper-technical approach while rejecting the husband’s case. After hearing the entire matter, the High Court quashed the decision of the Family Court and granted a decree of divorce to the appellant.

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