Denial of the Wife for Having a Physical Relationship with Her Husband Amounts to Cruelty to the Husband: Madhya Pradesh High Court
In a recent order, the Madhya Pradesh High Court (HC) ruled that the denial of the wife for having a physical relationship with her husband amounts to cruelty to the husband. The Madhya Pradesh HC bench observed this while upholding the decision of the family court granting the husband’s application for divorce under Section 13-1 (i-a) & (i-b) of the Hindu Marriage Act, 1955. The bench constituting Acting Chief Justice Sheel Nagu and Justice Amar Nath (Kesharwani) passed the order.
In this case, a divorce petition was filed by the husband (respondent) in January 2018 before the learned Principal Judge, Family Court, Satna on the grounds of cruelty and desertion by the appellant/wife. He asserted that his marriage was solemnized with the appellant on May 26, 2013, as per Hindu customs and rites but on the first night itself, the appellant-wife refused to establish physical relations with him and also told him that she did not like him and she got married under the pressure of her parents.
After three days of marriage, on May 29, 2013, brother Sandeep and cousin brother of the appellant-wife came to his house and took the appellant-wife with them to make her appear in the final exam, allegedly scheduled for May 30, 2013. After the exam, when his family went to the wife’s house to take her to the matrimonial home, her parents denied and ever since the appellant did not return to her matrimonial home.
On the contrary, the appellant-wife's case was that the marital relation between them as husband and wife was maintained from their marriage till May 28, 2013. She added after that respondent-husband and his family members started to harass her by demanding Rs. 1,50,000 and an Alto car as dowry. Further, she claimed that since her exam was scheduled till June 2013, therefore she could not go with the respondent and his father to her matrimonial home due to this, her in-laws got angry and again started making demands for dowry and after that respondent-husband never came to take her back to her matrimonial home.
It was also observed that “she is ready to live with her husband at her matrimonial home, but due to the demand of dowry she has been separated from marital relations.” Based on these grounds, the appellant-wife sought dismissal of the divorce petition filed by the husband. After hearing the matter, the Learned Principal Judge, Family Court, Satna allowed the application filed by the respondent/husband and passed the decree of divorce under Section 13(1)(i-a), (i-b) of the ‘H.M. Act’. Aggrieved by this decision, the appellant/wife approached the HC.
The Madhya Pradesh HC bench observed, “The denial of the appellant/wife for making physical relationship with respondent/husband amounts to cruelty with respondent.” It added, “As discussed…appellant/wife resided in her in-laws house for only 3 days and during this period there was no co-habitation between the parties and after since then the appellant/wife and respondent/husband have resided separately for last more than 11 years.” Therefore, the HC bench upheld the decision of the Family Court stating, “we are of the view that no illegality or impropriety is found in the impugned judgment and decree which requires any interference by this Court.”
