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Mental Cruelty
Subject : Family Law - Divorce
The Madhya Pradesh High Court has ruled that refusing to consummate a marriage and denying physical intimacy amounts to mental cruelty and is a valid ground for divorce. A division bench of justices Sheel Nagu and Vinay Saraf granted divorce to a man on the ground that his wife had refused to consummate the marriage and had not allowed physical intimacy since their wedding in 2006. The court stated that non-consummation of marriage and denial of physical intimacy amounts to mental cruelty. The man had filed an appeal in the high court after the family court rejected his plea for divorce in 2014. The high court noted that the woman had repeatedly refused to consummate the marriage or have physical relations with her husband. The court also observed that unilateral refusal to have sexual intercourse for a considerable period without any physical incapacity or valid reason can amount to mental cruelty. The court quashed the family court order and held that the lower court had wrongly held that failure on the part of the wife to consummate the marriage cannot be a ground for divorce.
Refusing Intimacy - Consummating Marriage - Mental Cruelty - Divorce Grounds - Marital Rights - Non-Consummation of Marriage - Denial of Physical Intimacy - Unilateral Refusal - Sexual Intercourse - Physical Incapacity - Valid Reason
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