Wife refuses sex, HC grants divorce

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New Delhi: Expanding the scope for mental cruelty, the Delhi High Court on Monday dissolved a 13-year-old marriage citing the the denial of sex by either spouse as grounds.

Reversing a trial court's order dismissing Ajay Kumar's petition for divorce on the ground of cruelty by his wife, Justice S Murlidhar was quoted by news agency PTI as saying on on Monday: "The evidence on record shows unmistakably that the absence of normal sexual relations was definitely one reason for the failure of the marriage. It also cannot be denied that the husband underwent mental agony as a result thereof.

"Further the separation of the couple since 1996 has rendered remote the possibility of the parties resuming a normal married life," he said in his order.

Kumar has been instructed to pay Rs 2 lakh as permanent alimony within two months to his wife and the registry has been directed to draw up a decree of divorce by August 20.

Challenging the trial court's dismissal order of February 1997, Kumar filed a petition in the High Court which alleged that his marriage was not properly consummated as his wife had never offered herself for complete sexual intimacy with him since they were wed in June 1994.

Kumar also alleged that his wife used to be violent in bed and that her behaviour never improved despite medical treatment for about a year.

He accused his in-laws of threatening him with dire consequences when he had tried to bring the issue to their notice. His wife was taken away by them to their house in 1996, he said.

(With inputs from PTI)