'Refusal of Physical Intimacy Amounts to Mental Cruelty: High Court Grants Divorce on Grounds of Non-Consummation and Mental Cruelty

In a latest judgement, the High Court of Madhya Pradesh granted a divorce decree on the grounds of non-consummation of marriage and mental cruelty. The case, presided over by Hon'ble Justice Sheel Nagu and Hon'ble Justice Vinay Saraf, involved an appeal by Sudeepto Saha against the trial court’s decision dismissing his plea for divorce from his wife, Moumita Saha.

Justice Saraf, in his observation, noted, "Unilateral refusal to have sexual intercourse for a considerable period without any physical incapacity or valid reason can amount to mental cruelty." This pivotal statement underpinned the court's decision, acknowledging the severe impact of denial of physical intimacy in a marital relationship.

The appellant, Sudeepto Saha, had filed for divorce under Section 13 of the Hindu Marriage Act, alleging that his marriage, solemnized on July 12, 2006, was never consummated due to his wife's refusal of cohabitation. He also claimed mental cruelty, citing his wife's alleged affair, false accusations against his family, and her subsequent desertion.

Despite repeated notices, the respondent, Moumita Saha, did not appear in court, further supporting the appellant's claims of desertion and lack of interest in the marriage. The High Court criticized the trial court's failure to recognize the mental cruelty inflicted upon the appellant, overturning its previous judgment.

The High Court's decision, referencing notable precedents such as Samer Ghosh Vs. Jaya Ghosh and Sukhendu Das Vs. Rita Mukherjee, reinforces the concept of mental cruelty as a legitimate ground for divorce. It emphasizes the significance of mutual respect and physical intimacy in a marriage and acknowledges the psychological impact of its denial.

Date Of Decision: 03 January, 2024

SUDEEPTO SAHA  VS MOUMITA SAHA