The Chhattisgarh High Court has ruled that if one spouse denies a physical relationship in marriage, it amounts to cruelty. This ruling came as the court approved a husband’s divorce plea, stating that this behavior from his wife constituted mental and emotional cruelty.
The husband and wife got married in Bilaspur. Shortly after the wedding, the wife began regularly visiting her parents’ house, especially on significant occasions like festivals and birthdays. This pattern continued for four years, leaving the husband distressed.
The husband filed for divorce, citing that his wife treated him cruelly just days after their marriage. He claimed that she would often mock his appearance, calling him overweight and unattractive, which caused him mental distress. Additionally, after the death of the husband’s father, the wife stayed with her parents for four years. During this time, when the husband asked her to return home, she insisted he move to her parents’ place in Bemetara.
Adding to the strain, the wife took up a job without informing her husband, despite agreeing before marriage that she would not work.
The Court referenced Section 12 (1) (i-b) of the Hindu Marriage Act, 1955, which states that a divorce can be granted if one spouse deserts the other for at least two years before the divorce petition is filed.
The Court emphasized that mental cruelty cannot be measured precisely; it varies from person to person and depends on individual circumstances. Acts that cause emotional distress can be seen as cruelty.
In this case, the Court found that the absence of a physical relationship between the couple, due to the wife’s refusal, amounted to cruelty. Therefore, the husband was granted a divorce based on these grounds.
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