LI Network
Published on: January 13, 2024 at 13:10 IST
The Madhya Pradesh High Court has pronounced that a wife’s reluctance to consummate the marriage amounts to cruelty, establishing grounds for divorce under Section 13(1)(i-a) of the Hindu Marriage Act.
Justices Sheel Nagu and Vinay Saraf asserted that determining mental cruelty in matrimonial matters requires a case-specific evaluation, considering relevant factors.
The Court highlighted a case where the husband, hopeful of consummating the marriage, was denied by the wife, deeming it an act of mental cruelty. The Court ruled in favor of the appellant, stating, “The appellant is entitled to the decree of divorce.”
The appellant husband had filed for divorce, citing the wife’s refusal to consummate their marriage since its solemnization in 2006, along with allegations of the wife disclosing a love affair and expressing a desire for custody to be handed over to her boyfriend. Additionally, the appellant claimed threats of suicide and asserted that the wife left the matrimonial home in 2006, never to return.
The trial Court had dismissed the divorce application, citing a lack of proof for the grounds under the Hindu Marriage Act. The appellant argued that the trial court should have granted divorce based on cruelty, backed by documentary evidence of false complaints against him and his parents. However, the Court emphasized that a pending criminal case related to the allegations prevented a divorce decree.
Addressing the appellant’s claim of desertion, the Court noted his departure for the US soon after reaching home, without making arrangements for the wife. Allegations of the wife having a boyfriend and being forced into marriage by her parents were deemed insufficient grounds for divorce.
The Court dismissed the appellant’s assertion of a settlement, noting the absence of evidence for the payment of alimony, emphasizing that a mutual consent petition under Section 13(B) was not filed.
However, the Court recognized the wife’s persistent refusal to consummate the marriage as a valid ground for divorce. It emphasized that unilateral denial of sexual relations for an extended period without valid reasons could amount to mental cruelty. With no contrary version or rebuttal from the wife, the Court accepted the appellant’s statement and granted the divorce decree.
This ruling highlights the Madhya Pradesh High Court’s nuanced approach to evaluating mental cruelty in matrimonial cases, emphasizing the specific circumstances of each case. The decision serves as a precedent for cases where a spouse’s refusal to consummate the marriage is established as a form of mental cruelty.
Case Title: Sudeepto Saha V. Moumita Saha