Denial of Sex to Spouse is mental cruelty and a ground to seek Divorce
Rajeev Kumar Versus Vidya Devi on 29 September, 2016
DELHI HIGH COURT (DB)
10. Divorce petition was contested by the respondent/wife wherein she denied all the averments made in the divorce petition against her and pleaded that she was subjected to cruelty. In response to para 22 of the petition she has pleaded as under:
11. During ex-parte evidence the appellant has examined himself as PW-1 and his father as PW-2. Both of them have filed their affidavit by way of evidence. Though two more affidavits of Daya Kishan (PW-3) and Pran Kumar (PW4) have been filed, but they were not examined.
14. The learned Judge Family Court failed to take note of the following facts:-
15. Arranging a separate accommodation was only an attempt to save the marriage.
17. In another decision reported as 2014(5) Recent Apex Judgments (R.A.J.) 525 : 2014(4) R.C.R.(Civil) 563 : AIR 2015 SC 285 Vidhya Viswanathan v. Kartik Balakrishnan the Supreme Court has held as under:
18. When the case of the appellant/husband is examined in the above settled legal position, we find that the averments made by him in para 22 of the petition to the effect that the respondent/wife did not permit him to have bodily relations for a period of four-and-a-half years despite living under the same roof, have not been specifically denied by the respondent/wife in the written statement. At the stage of evidence, she abandoned the proceedings. The testimony of the appellant/husband in this regard has remained unchallenged.
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