The Allahabad High Court recently dissolved a marriage, stating that if a spouse unreasonably denies sexual intercourse for a prolonged period, it amounts to mental cruelty. The case involved Ravindra Pratap Yadav, the appellant, who accused his wife, Asha Devi, of disregarding their marital bond and refusing to fulfill her marital obligations, resulting in a complete breakdown of their marriage.
Ravindra Pratap Yadav had initially challenged a 2005 order from a Varanasi family court that dismissed his divorce petition under Section 13 of the Hindu Marriage Act, 1955. The High Court criticized the lower court’s “hyper-technical approach” in dismissing Yadav’s case and set aside their decision.
Yadav sought a divorce primarily based because a mutually agreed divorce had already taken place in the community of Panchayat. He also claimed mental cruelty, stating that his wife refused to cohabit and fulfill her marital duties, leading to their separation for a significant period.
According to Yadav, they were married in May 1979, but his wife’s behavior changed over time, and she declined to live with him. Subsequently, she began residing at her parents’ house. After six months of marriage, Yadav attempted to convince his wife to return, but she refused.
In July 1994, a Panchayat was held in the village, and the parties reached an agreement resulting in a mutual divorce. Yadav claimed that he paid an alimony of ₹22,000 to his wife. However, when he sought a decree of divorce based on mental cruelty, desertion, and the previous divorce agreement, his wife did not appear in court.
The Bench of Justices Suneet Kumar and Rajendra Kumar-IV stated that denying a spouse sexual intercourse without sufficient reason for an extended period amounts to mental cruelty. They emphasized that no one can be compelled to resume life with their partner, and attempting to bind the parties to a marriage that has effectively ended serves no purpose.
Referring to a 2006 Supreme Court judgment on the aspect of mental cruelty, the High Court found flaws in the family court’s order and set it aside.
This ruling by the Allahabad High Court highlights the significance of mutual respect and fulfillment of marital obligations in marriage. It emphasizes that unreasonable denial of sexual intercourse can cause mental distress to the other spouse, and in such cases, dissolution of the marriage may be considered as a remedy. The decision serves as a reminder that maintaining a healthy and fulfilling marital relationship is crucial for the well-being of both partners.
