INSUBCONTINENT EXCLUSIVE:
NEW DELHI: A Delhi court granted divorce to a couple, observing that wilful denial of sex amounts to mental cruelty
The petitioner in the case - the husband - approached the court alleging cruelty by the respondent (his wife) not willing to consummate the
The couple was married in 2014
"A normal and healthy sexual relationship is one of the basic ingredients of a happy and harmonious marriage
Willful denial of a sexual relationship by a spouse when the other spouse is anxious for it would amount to mental cruelty, especially when
the parties (husband and wife) are young and newly married," the family court of Vipin Kumar Rai said in the order
The court also took on record the submissions that the woman did not agree to consummate the marriage because she was suffering from
genophobia - a physical or psychological fear of sexual intercourse
She deposed it to be incorrect and stated that she expressed dissatisfaction and told her husband that she felt deprived
"It is significant to note that in respect of such an important aspect where she herself is feeling deprived, it ought to have come forth in
her written statement while responding" to the allegation
She, on the other hand, stated that the husband was "not willing to have a child and he himself was guilty of non-consummation of the
marriage," the court said
During cross-examination, the wife deposed that she met her husband through a matrimonial portal without any involvement of her parents and
got married after 13 months of courtship.Advocate Prabhjit Jauhar, appearing for the man, submitted before the court that the wife never
wanted to consummate the marriage despite numerous efforts by the husband at different points in time
He further told the court that the wife was never ready to have sex either to consummate the marriage or for the purpose of procreation
The court stated that sex was the foundation of marriage and without a vigorous and harmonious sexual activity, it would be "impossible" for
any marriage to continue for long.It further said that the consummation of the marriage was very integral to the institution of marriage and
any denial of the same without any justifiable reason was nothing short of cruelty as it strikes the very foundation of marriage
"If any of the spouses is happy in the said situation, he or she may continue with the marriage and relationship, the way it stands but if
any of the spouses is uncomfortable with the non-consummation against her or his wish, she or he as the case may be is within one's right to
seek dissolution of the marriage alleging cruelty and the present is precisely the case of the petitioner."
