The Chhattisgarh High Court has ruled that denying physical relations within a marriage is considered cruelty, and it supported a husband’s request for divorce based on this ground.
In this case, the husband and wife married in Bilaspur. Soon after their marriage, the wife began frequently visiting her parental home to celebrate festivals and other important occasions. This pattern continued for four years.
The husband filed for divorce, arguing that his wife had been cruel to him from early in their marriage. She repeatedly insulted him, criticizing his appearance, and after his father’s death, she stayed with her parents for about four years. Despite his attempts to persuade her to return, she insisted he move to her parents’ home in Bemetara.
Additionally, the wife took a job without informing her husband, contrary to their pre-marriage agreement where she had promised not to work.
The Court noted that under Section 12(1)(i-b) of the 1955 Act, a divorce can be granted if one spouse has deserted the other for at least two years before the petition. The court acknowledged that mental cruelty’s impact varies among individuals and cannot be measured precisely. It emphasized that certain actions causing significant mental distress can be considered cruelty.
In this case, the Court found that the lack of physical relationship due to the wife’s refusal constituted cruelty toward the husband.
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