Rajasthan High Court on Divorce: The Rajasthan High Court has sustained a divorce decree, holding that the continuous non-performance of physical intercourse by one of the spouses without any reason can be construed as cruelty as per the Hindu Marriage Act of 1955.
A Division Bench of Justice Munnuri Laxman and Justice Yogendra Kumar Purohit refused two matrimonial appeals filed against the decree of divorce awarded by the Family Court.
While examining the circumstances of the marriage, the lack of physical relation and allegations of cruelty, the High Court decided not to interfere in the Family Court’s decree of divorce.
Rajasthan High Court on Divorce
As per the information available about the case till October 22, the parties got married on October 11, 2018. Later, the husband moved for divorce under Section 13 of the Hindu Marriage Act, claiming that his wife had shown cruelty to him and deserted him.
The controversy was over the lack of physical relation between the parties from the date of marriage i.e., from October 2018. Whether the circumstances were sufficient for mental cruelty as per the provisions of law was another aspect taken into consideration while making a decision.
What Did the High Court Say About Refusal of Physical Intimacy?
The court upheld the doctrine that a refusal of sexual intercourse unilaterally for a reasonable period, not because of physical inability or a good cause, can lead to cruelty.
The significant thing here is that this judgment will not make all acts of refusal of physical intimacy grounds for divorce. The courts need to consider the circumstances surrounding each marriage individually and the facts put forth by the couples in their respective cases.
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Section 13 of the Hindu Marriage Act
According to section 13(1)(ia), of the Hindu Marriage Act, 1955, either of the two individuals is entitled to file for divorce if his or her spouse has treated him or her with cruelty.
When judging mental cruelty, it needs to be evaluated in light of the overall relationship of the couple. The factors to be taken into account could include the duration and the nature of the act, its impact on the individual concerned and the evidence before the court.
There is no one-size-fits-all criterion in the law for evaluating whether there has been cruelty in each case.
Does Refusing Sex Automatically Become Mental Cruelty?
Not at all. The decision does not imply that either the husband or wife is compelled by law to have sex unwillingly.
It is necessary to give the importance to the consent and it is not possible to automatically qualify the refusal of any party to this as mental cruelty only due to disagreement with the other spouse. Many factors such as the state of health of the person, his/her personal grounds, overall relationship and other evidence may affect the process of consideration of the claims about the mental cruelty.
The key question here is whether the proved circumstances satisfy the statutory criteria for the divorce, but not whether any of the spouses possesses some right for physical relations.
What Does the Decision Mean for Matrimonial Cases?
This particular decision shows that the emotions and real circumstances of marriage need to be taken into account in order to resolve matrimonial disputes. Proven prolonged separation, the denial of marital relations without reasonable explanation and other circumstances may be used for considering whether mental cruelty has occurred in the marriage.
