'Not having sex with spouse for long time is a form of mental cruelty': Allahabad High Court
A bench comprising justices Suneet Kumar and Rajendra Kumar quashed a family court's order by a Principal judge, which dismissed the divorce appeal under Section 13 Hindu Marriage Act, 1955. The Family Court had observed that the husband submitted photocopies of documents, which are not admissible, instead of originals.
FollowThe Allahabad High Court has recently dissolved a marriage as it observed that not allowing a spouse to have sexual intercourse with his or her partner for a long period of time without a proper reason was a form of mental cruelty to the spouse, reports said.
A bench comprising justices Suneet Kumar and Rajendra Kumar quashed a family court's order by a Principal judge, which dismissed the divorce appeal under Section 13 Hindu Marriage Act, 1955. The Family Court had observed that the husband submitted photocopies of documents, which are not admissible, instead of originals.
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The husband sought a divorce on grounds of mental cruelty, divorce agreement and long desertion.
"Since there is no acceptable view in which a spouse can be compelled to resume life with the consort, nothing is given by trying to keep the parties tied forever to a marriage than that has ceased to in fact," the bench said.
Filing the appeal, the husband submitted in the court that the couple got married in May 1979. The husband stated stated that after a while, his wife's behaviour changed and she declined to live as his wife with him. Despite trying to convince her, she did not engage or establish any relationship with him.
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The husband further said that while she lived with him for a few while, she eventually began living separately at her parents' house. It is reportedly said that after the first six months of their marriage, the husband tried to convince the wife to come back to his house, fulfil the marital "obligation" and respect the marital bond, but she refused.
As per the community rules, in July 1994, the husband sought a Panchayat meeting and the couple reached a divorce agreement after he had paid a permanent alimony to the wife of Rs 22,000. After this, the wife had a second marriage. When the husband tried to seek a divorce, she was absent in court. The family court had said that the husband did not have any evidence to show that the wife had contracted a second marriage.
The High Court observed that it had been a long time since the husband and the wife had been living separately. The court further said that as per the husband, the wife didn't respect the marital bond between them and hence there had been a breakdown of their marriage.
