The Allahabad High Court ruled that not allowing a partner to engage in sexual intercourse for a prolonged period without sufficient reason amounts to mental torture. The court is monitoring the divorce petition filed by a native of Varanasi. Meanwhile, the court granted the petitioner a divorce.
The petitioner approached the Allahabad High Court against the order of the Family Court rejecting the divorce petition on 28 November 2005. The wife was unable to fulfill her family and marital responsibilities. The court also said that the husband had approached the court for divorce because of his wife’s mental torture. The petition was heard by a Division Bench comprising Justices Suneeth Kumar and Rajendra Kumar.
The wedding was in May 1979. As the days passed, the woman’s behavior began to change. Later, his wife went back to her parents’ house. The husband says he tried to bring his wife, who was living with her parents, back after six months of marriage, but failed. In July 1994, a panchayat was held in the village and the divorce was achieved by mutual consent.
The claim of the petitioner is that he paid Rs.22,000 alimony to his wife. In 2005, the husband filed a divorce petition in the Varanasi family court. The petition cited reasons including mental torture. But his wife did not appear in court. The Chief Judge of the Family Court of Varanasi then dismissed the divorce petition. With this, the husband approached the Allahabad High Court.
Highlights of the Story: Denial of Sex to Spouse for Long Term Mental Cruelty: Allahabad High Court
