MP High Court: Denying Husband’s Advances Amounts to Cruelty

While presiding over a divorce case, the Madhya Pradesh High Court held that the wife’s denial of physical relationship amounts to cruelty with husband.

Facts of the Case

The husband put forth a divorce petition before the family court. The man married his wife on 26th May 2013, and he contended before the court that the wife refused to make any physical intimacy on their first night. According to his plea in the family court, he stated that his wife went as far as expressing that she only married him due to parental pressure and that she does not have any liking for him.

Post their marriage, within a span 0f mere three days, she left her matrimonial home. On 29th May, 2013, she went to her parent’s home to appear for an exam. Later she never returned to her matrimonial home. Subsequently, she also filed a dowry case against him. Hence the husband sought a divorce on the grounds of cruelty and desertion.

On 17th August 2017, the family court granted the divorce. Following which the wife moved to the High Court against the family court’s orders.

High Court’s Orders

This matter was before division bench which comprised of Justice Sheel Nagu and Justice Vinay Saraf. The High Court cited a Supreme Court decision which held that if a couple has been living apart for a significant duration and one of them has initiated divorce proceedings, it may be inferred that the marriage has irretrievably broken down.

The bench further held that that refusing to engage in sexual intercourse unilaterally for an extended period without any physical incapacity or valid reason can be considered as mental cruelty. Hence the court found the appeal void of any merits.

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