Delhi High Court has refused to grant a divorce in a case where a husband accused his wife of subjecting him to mental cruelty by refusing to engage in sexual relations. The court, in its decision on October 30, 2023, asserted that minor differences of opinion, slight irritability, and a lack of trust between a married couple do not constitute mental cruelty.
Wife Refuses husband to Have Sex
The husband, in his plea for divorce, claimed that his wife was solely focused on managing her coaching center, frequently leaving him on various pretexts and declining to have sexual relations. During the court proceedings, a bench led by Justice Sanjeev Sachdeva clarified that while the denial of sexual intercourse can be seen as a form of mental cruelty, it requires a continuous and deliberate pattern over an extended period to qualify as such.
The court stressed the need for caution when addressing delicate and sensitive issues, stating that allegations of this nature cannot be substantiated based solely on vague and unclear statements, particularly when the marriage was conducted in accordance with customs.
What’s the Reason External Love Affair of Mental cruelty
In this divorce case, the court found that the husband had failed to prove any form of mental cruelty as outlined in his petition. Instead, the evidence indicated a general discord in the relationship, with documented disputes between the mother-in-law and daughter-in-law.
Justice Sanjeev Sachdeva and Justice Manoj Jain emphasized, “There is no clear indication that the wife’s behavior made it impossible for her husband to live with her. Minor irritations and a lack of confidence do not amount to mental cruelty.”
Court Denies Divorce
The court further explained that lodging a criminal complaint against the husband and the subsequent filing of an FIR by the wife did not automatically qualify as cruelty. It also noted that approaching the court to address grievances, as both parties had done, did not constitute cruelty.
In conclusion, the court stated, While a lack of trust, faith, and love existed between both parties, the married couple was still striving to save their marriage. The husband’s request for divorce, on the grounds of an irreparable breakdown in their marriage, was rejected by the court. Such a power resides solely with the Supreme Court, and it cannot be demanded as a matter of right by either party.
