Denial of sexual intercourse to spouse is ground for divorce: Delhi HC

New Delhi: The Delhi High Court has declared that denying sex to the spouse for a long time, without sufficient reason, amounted to mental cruelty, and is a ground for divorce.

According to a report, the Court made the observation while giving assent to the dissolution of a nine-year-old marriage.

A division bench of Justice Pradeep Nandarajog and Justice Pratibha Rani granted divorce to a man, while taking into consideration his contention that the marriage could not be consummated, said the report. The man had also alleged that his wife visited his office and made false complaints to his boss. The court held these as examples of mental cruelty and allowed divorce.

On April 1, a family court had ruled in favour of the husband and ordered dissolution of marriage, following which the wife had appealed in the Delhi High Court.

But the HC dismissed her appeal, citing an apex court judgement saying denial of sexual intercourse to a spouse, by his or her partner for long without sufficient reason, amounted to mental cruelty.

The 46-year-old man stated before the court that they got married in November 2007 but his wife refused to indulge in sexual activities due to a medical problem. They went for their honeymoon to Simla in January 2008 but even there, she did not allow him to consummate the marriage.

Instead, she threatened to raise alarm or jump from the balcony in case any attempt was made by the husband to touch her. Thereafter, they returned to Delhi and continued a sexless marriage.

The husband also alleged that his wife used to mistreat his mother.

The wife on the other hand alleged that her husband and in-laws used to demand dowry from her. Her husband would drink and take drugs and would physically abuse her, she claimed. She also alleged him of hiding about his earlier marriage and a daughter from the first wife.