Allahabad High Court dissolved the marriage stating denial of sexual relations amounts to cruelty.Husband had challenged the order of the family court. The family court had dismissed his divorce petition.The couple was married in 1979. His wife’s behaviour towards him changed after some time. She stopped living with him. She stopped getting physical with him. More so, she started living with her parents. When he asked her to come back, she refused to live with her any more.Failing to take her back, he got a divorce agreement in a panchayat.She got married subsequently.When he asked for a formal divorce through court, she didn’t appear in court.The family court dismissed the case. The husband appealed before the High Court.
High Court observed that the family court had not accepted the evidence. The husband had produced photocopies.The family court had also said that no evidence proves that the wife remarried.High Court observed that the couple had been living separately. And the wife is not concerned about the marriage. Court agreed that this amounts to the complete breakdown of the marriage. The court observed that this was hyper-technical on the part of the family court.
Based on the reasons shared, the court decided in the husband’s favour.
Source: https://www.livelaw.in/high-court/allahabad-high-court/allahabad-high-court-not-allowing-spouse-sexual-intercourse-long-time-mental-cruelty-husband-divorce-appeal-allowed-229404
