Refusal to sex amounts to mental cruelty: Allahabad High Court

Refusal to sex amounts to mental cruelty: Allahabad High Court

The Allahabad High Court granted the husband a divorce on the grounds of mental cruelty.

Allahabad High Court in the case of Ravindra Pratap Yadav v. Asha Devi, the court held that not allowing a spouse to have sexual intercourse for a long time without sufficient reason amounts to mental cruelty.

The court observed that if a spouse refuses to have sexual relations and cohabit with their partner for a long period of time without sufficient reason, it is mental cruelty.

The court emphasized that there is no acceptable view in which a spouse can be compelled to resume life with the other spouse when the marriage has effectively ceased.

In this case, the husband alleged that his wife's behavior changed after marriage, and she refused to live with him.

They eventually divorced through a Panchayat, and the husband sought a decree of divorce on the basis of mental cruelty and long desertion.

The family court dismissed his plea, but the High Court overturned that decision, stating that there had been a complete breakdown of the marriage and the wife had denied the obligation of marital liability.

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