Wife's Prolonged Refusal Of Physical Relations With Husband Without Valid Reason Is Mental Cruelty: Rajasthan High Court Upholds Divorce

RAJASTHAN: The Rajasthan High Court has upheld a divorce decree granted to a husband, ruling that a wife's prolonged refusal of physical relations without valid reason can amount to mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

A Division Bench of Justice Munnuri Laxman and Justice Yogendra Kumar Purohit dismissed the wife's appeals against the husband's divorce decree and the rejection of her petition seeking restitution of conjugal rights.

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The case involved a husband who ran a kulfi-making business and his wife, a Junior Accountant in a municipal council.

The couple married on October 11, 2018. After staying with her husband for about ten days, she returned to her workplace to continue her government job.

Her husband later visited her and stayed with her for about 15–20 days. According to him, her behaviour changed, and she allegedly humiliated him over his profession as a kulfi seller.

He further alleged that his wife refused physical relations and marital cohabitation and threatened to consume poison and commit suicide. Following these incidents, he returned to his residence.

The husband stated that the couple had no physical relations after October 25, 2018, and had been living separately since then.

The wife denied the allegations and claimed that her husband quarrelled over minor issues, demanded money from her salary and pressured her to leave her job or give him half her earnings.

The husband approached the Family Court seeking divorce on grounds of cruelty and desertion under Section 13 of the Hindu Marriage Act, 1955.

Meanwhile, the wife filed a petition under Section 9 of the Hindu Marriage Act, seeking restitution of conjugal rights.

On February 20, 2024, the Family Court granted divorce to the husband on grounds of mental cruelty and dismissed the wife's petition for restitution of conjugal rights.

The wife challenged both decisions before the Rajasthan High Court.

During the proceedings, the High Court examined the husband's testimony, the wife's statements and a suicide note produced as evidence.

The Court found that the wife had threatened her husband with suicide. It also noted that she failed to establish any valid reason or physical incapacity explaining the prolonged refusal of physical relations.

During cross-examination, the wife admitted that they had not had any major quarrel and that their disagreements involved minor issues. She also expressed willingness to live with her husband but refused to move to his residence.

The High Court relied on the Supreme Court judgments in Samar Ghosh v. Jaya Ghosh and Sonal Talpada v. Veerbhan Singh, which discuss mental cruelty, denial of physical relations and grounds for divorce.

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The Supreme Court had recognised that prolonged unilateral refusal of sexual intercourse without physical incapacity or valid reason may amount to mental cruelty.

Applying these legal principles, the Rajasthan High Court held that the wife's conduct, including prolonged refusal of physical relations and threats of suicide, amounted to mental cruelty towards the husband.

The Court noted that the couple had not maintained physical relations since October 25, 2018, and the wife had failed to provide a valid justification for the prolonged refusal. These circumstances supported divorce on grounds of mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act.

Consequently, the Rajasthan High Court dismissed both appeals filed by the wife, upholding the husband's divorce decree and the rejection of her restitution of conjugal rights petition under Section 9 of the Hindu Marriage Act.

EXPLANATORY TABLE OF LAWS AND SECTIONS

CASE DETAILS

KEY TAKEAWAYS

• Wife Denied Marital Intimacy: Years of refusal of physical relations without valid reason amounted to mental cruelty.
• Wife Threatened Suicide: Court found her suicide threats constituted mental cruelty against the husband.
• Husband Allegedly Humiliated: Wife allegedly insulted him over his kulfi-selling profession.
• Wife Challenged Divorce: Despite the cruelty finding, she appealed the divorce decree and rejection of her restitution petition.
• Husband's Divorce Upheld: The Rajasthan High Court dismissed both appeals, protecting his right to divorce on grounds of mental cruelty.