In a recent legal development, the High Court of Orissa at Cuttack has granted a divorce in a matrimonial dispute, emphasizing the withholding of physical intimacy and non-consummation as grounds for mental cruelty. The case involved an appeal lodged by the husband challenging the family court’s decision to dismiss his civil proceeding seeking the dissolution of marriage.
The judgment, delivered by Justice Arindam Sinha and Justice Sibo Sankar Mishra, delved into the primary argument put forth by the appellant-husband. He argued that the marriage should be dissolved due to non-consummation and the alleged mental distress stemming from the denial of physical intimacy.
Justice Arindam Sinha expressed, “The appellant-husband, dissatisfied with the family court’s judgment dated September 22, 2023, has appealed before us.” The judges meticulously examined the arguments, evidence, and relevant legal precedents presented by both parties.
The judgment highlighted the conflicting assertions between the husband and the wife, with the husband claiming non-consummation and the denial of physical intimacy, while the wife insisted that the marriage had been consummated according to tradition.
Justice Arindam Sinha clarified, “Our interpretation of the pleadings indicates an assertion of non-consummation and the denial of physical intimacy.” The judges carefully scrutinized the evidence, including WhatsApp messages presented in court, and concluded that the admissions made by the wife during cross-examination contradicted her previous claims, establishing a lack of physical intimacy.
