Not Allowing Sexual Intercourse In Marriage Without Reason Is Form Of Mental Cruelty: Allahabad HC
This is pathbreaking!
There are many unhappy marriages in India but since divorce is not a very common practice in our culture, couples continue to lead a stressful life. However, it has now become very important for an individual to prioritise their mental health in such unsuccessful marriages. The recent Allahabad High Court verdict to grant a divorce to a couple based on their several reasons leading to an unhappy marriage should be paid attention to. The court acknowledged the husband’s mental stress of having a partner who did not allow sexual intercourse just a few months after marriage.
In a recent court trial in Allahabad High Court, a husband was granted a divorce based on an issue that’s very important to take note of. The court passed the verdict citing the reason of mental cruelty which the husband was subjected to by his wife. The appeal was addressed by Justices Rajendra Kumar-IV and Suneet Kumar last week. It was filed by a husband whose divorce plea was rejected by a family court based on a lack of proper documentation and evidence.
As per the news by Live Law, the man’s wife refused to stay with him just a few months after the marriage and shifted to her parent’s house. She also denied accepting the responsibilities of a marital relationship and bond. Post this, the couple’s situation was addressed by the panchayat in which the matter of divorce was settled after the husband paid the wife a permanent alimony.
However, when the husband approached the family court to acquire an official document on their divorce based on mental cruelty and the panchayat agreement, the wife did not show up. The family court also rejected the man’s plea citing that he provided photocopies of the documents and there was insufficient evidence. However, the Allahabad High Court accepted the man’s divorce plea and dismissed the family court’s decision which was based more on technicalities.
Also Read: “No Point Keeping A Marriage Alive With Legal Ties After Irretrievable Breakdown,” Says Kerala High Court
The Allahabad HC during its hearing also stated that not allowing sexual intercourse in marriage without proper reason is a form of mental harassment and cruelty, which becomes serious grounds for divorce.
It’s good to see that higher courts are acknowledging mental issues and traumas that arise in an unhealthy and unhappy marriage. It’s important for society to understand the consequences of such marriages on an individual rather than blaming or harassing them with taunts.
