Denial of sex by spouse can be considered mental cruelty: Delhi High Court
The court said that denial of sex by a spouse can be considered a form of mental cruelty where it is found to be persistent, intentional and for a considerable period of time.
The man had claimed that his wife used to desert him on one pretext or the other, was only interested in running her coaching centre and even denied him sex.
Dealing with the wife's appeal, a bench headed by Justice Sanjeev Sachdeva and Justice Manoj Jain said that although denial of sex can be considered a form of mental cruelty when it is persistent, intentional and for a considerable period of time, the court needs to "over-circumspect" while dealing with such a sensitive and delicate issue.
Such allegations, the court said, could not be proved merely on the basis of vague and unspecific averments, particularly when the marriage was also duly consummated.
It held that the husband had failed to prove any mental cruelty to him and the present instance was "simply a case of normal wear and tear of the matrimonial bond" and the evidence indicated that the "discord was between the wife and her mother-in-law".
"There was nothing to affirmatively suggest that the conduct of the wife was of such a nature that it was no longer possible for her husband to stay with her. The trivial irritations and loss of trust cannot be confused with mental cruelty," said the bench.
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