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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY, MURAHARI SRI RAMAN
Soumya Ranjan Mohanty – Appellant
Versus
Itishree Das – Respondent
| Table of Content |
|---|
| 1. marital non-consummation and allegations of cruelty. (Para 2 , 3) |
| 2. legal precedence on mental cruelty regarding non-consummation. (Para 4 , 5) |
| 3. court's inability to accept past findings on consummation. (Para 6 , 7) |
| 4. analysis of testimonies reveals non-consummation. (Para 8 , 9) |
| 5. determination of permanent alimony post-divorce. (Para 11 , 12) |
JUDGMENT :
1. Heard Mr. S.K. Sarangi, learned Senior Advocate for the Appellant and Mr. N.C. Rout, learned Advocate for the Respondent.
3. Appellant’s case is that, the marriage took place on 01.05.2019 and both the husband and wife though stated together till 23.07.2019, i.e. around 83 days, but the marriage could not be consummated due to withdrawal of the Wife-Respondent. It is the specific allegation of Husband against the Wife that, even after several attempts made by him, the Wife withdrew from having physical relationship without any reason.
5. Upon hearing both the parties and coming to the specific point regarding non-consummation of marriage, the Hon’ble Supreme Court in the case of Samar Ghosh vs. Jaya Ghosh , (2007) 4 SCC 511 held on illustration that, unilateral decision of refusal to have intercourse for consi
Unilateral refusal to consummate marriage can amount to mental cruelty under Section 13 (i-a) of the Hindu Marriage Act, justifying divorce and the grant of permanent alimony.
Refusal to consummate marriage without valid reasons constitutes grounds for mental cruelty under the Hindu Marriage Act.
(1) Divorce—A spouse willfully avoiding another spouse to have sexual intercourse without sufficient reason, act would amount to mental cruelty to such spouse.(2) Divorce—A dead marriage should not b....
Solemnization of second marriage by wife during subsistence of first constitutes mental cruelty, justifying divorce; additional evidence thereof admissible in appeal.
The main legal point established in the judgment is that the grounds of cruelty and desertion, as provided under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955, were proven by the responden....
The main legal point established in the judgment is the concept of irretrievable breakdown of marriage as a weighty circumstance necessitating the severance of marital ties.
The court held that mental cruelty requires substantial evidence, ruling that the appellant failed to prove allegations of non-consummation and cruelty, affirming the Family Court's ruling.
Divorce – Legal threshold for divorce on the ground of cruelty is stringent and must be supported by cogent and consistent evidence – Courts are bound to adjudicate not on sentiment, but on facts and....
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