The Orissa High Court recently granted a decree of divorce to a man on the grounds of non-consummation of marriage and denial of physical intimacy by his wife, citing it as mental cruelty.
The bench of Justices Arindam Sinha and Sibo Sankar Mishra stressed the importance of examining whether the wife unilaterally decided to refuse intercourse for an extended period without any physical incapacity or valid reason, as this could constitute “mental cruelty”.
The husband, dissatisfied with a family court’s decision rejecting his plea for the dissolution of marriage, approached the high court, asserting that the lack of consummation and denial of physical intimacy amounted to mental cruelty, justifying a divorce.
In response, the wife’s counsel argued that the husband did not seek annulment within the prescribed period under Section 12 of the Hindu Marriage Act, 1955, based on non-consummation.
The wife’s counsel further contended, based on the written statement, that the marriage had been consummated, and the husband consistently had his way without regard for the wife’s feelings.
However, after reviewing exhibits, including WhatsApp messages exchanged between the couple, the high court noted the husband’s persistent pursuit of intimacy.
During cross-examination, the wife admitted that she had not undergone any fitness test done by a gynaecologist or psychiatrist because she had prevented her husband from consummating the marriage or engaging in sexual intimacy.
The high court underscored that the wife’s answers during her cross-examination left no doubt about the absence of physical intimacy between the parties.
It concluded that the wife had unilaterally decided to deny physical intimacy to the husband. Consequently, it allowed the appeal and reversed the family court’s decision.
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