The husband had challenged a trial court order of March dismissing his divorce petition in Delhi High Court. Trial court had dismissed his petition on the ground that the instances of cruelty pleaded and proved by him did not satisfy the standard of cruelty as per the provisions of the Hindu Marriage Act, 1955.
However in its judgement, the bench referred to the settled legal position that “denial of sex to a spouse itself amounts to causing mental cruelty”.
“The appeal being well founded deserves to be allowed,” it said, adding “we grant a decree of divorce in favor of the husband on the ground of cruelty by dissolving his marriage with the wife that had been solemnized”.
“In view the foregoing discussion, we are of the considered view that the husband has fully established that he was subjected to mental cruelty by the wife by denying sex to him for a long period despite living under the same roof, without any justification and though she was not suffering from any physical disability,” a bench of Justices Pradeep Nandrajog and Pratibha Rani said.