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“The non-consummation of marriage and denial of physical intimacy amounts to mental cruelty,” the high court said in its order.
As per the appeal filed by the man, he married the woman in July 2006. However, his wife refused to cohabit with him and consummate the marriage as she claimed that she was forced into the marriage.
The woman allegedly told the man that she was in love with someone else and requested the man to unite them.
The man said he left for the US for work the same month, and in September, the woman went to live with her family and never returned.
In 2011, the man filed an application before a family court in
The man then filed an appeal in the high court. The high court, in its order, noted that on several occasions, the woman refused to consummate the marriage and have physical relations with her husband.
“We understand that unilateral refusal to have sexual intercourse for a considerable period without any physical incapacity or valid reason can amount to mental cruelty,” the bench said. While quashing the family court order, the high court said the lower court had wrongly held that failure on the part of the wife to consummate the marriage cannot be a ground for divorce. “The appellant solemnised the marriage. It was already decided that he would leave
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