Absence Of a Healthy Sexual Relationship Is Considered Detrimental To The Marriage – Divorce Granted – Del. HC

In a recent judgement , the High Court of Delhi upheld a lower court's decision granting divorce to a husband on the grounds of "cruelty and irretrievable breakdown of marriage."

The Bench, comprising Hon'ble Mr. Justice Suresh Kumar Kait and Hon'ble Ms. Justice Neena Bansal Krishna, stated that the "absence of a healthy sexual relationship is considered detrimental to the marriage." The court further observed that the wife's reluctance to have sexual relations with her husband amounted to an act of cruelty.

The case also involved allegations of false accusations. The wife had previously filed a rape case against the husband, leading to his acquittal. The court noted that such false complaints "constitute mental cruelty" and were an act of "extreme cruelty" against the husband.

The court also took into account the "irretrievable breakdown" of the marriage, observing that the couple had been separated since February 2014. The judgment stated, "For a couple to be deprived of each other’s company, proves that the marriage cannot survive, and such deprivation of conjugal relationship is an act of extreme cruelty."

The wife had made counter-allegations of cruelty, claiming harassment for dowry and physical abuse. However, the court found these allegations to be unsupported by sufficient evidence.

The judgment cited several previous cases, including Mrs. Rita Nijhawan vs. Mr. Bal Kishan Nijhawan, AIR 1973 Del 200, and Vinita Saxena vs Pankaj Pandit (2006) 3 SCC 778, among others, to substantiate its decision.

Date of Decision:22nd August, 2023

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