A division bench of the Chhattisgarh High Court ruled that if a woman consistently refuses to have physical relations with her husband – and the refusal of marital obligations is persistent and severe – it can amount to “mental cruelty” towards the husband. Based on this, the court approved the man’s divorce petition. The Times of India+2Patrika News+2 🧑‍⚖️ What was the matter? In this petition, the man said that he got married in 2009, but after only a month, the woman went to her mother’s house. After this, the marital relationship and physical relationship between husband and wife was completely broken. The husband tried many times to fulfill his marital responsibilities, but the wife constantly refused. It is also alleged that the woman threatened the man like “If you have physical relations, I will commit suicide”. Punjab Kesari MP+2The Times of India+2 The husband had earlier filed a petition for divorce in the family court, but the court rejected it. After this, the man appealed to the High Court. The Times of India+1 Court’s reasoning The Supreme Court bench – Rajani Dubey and Amitendra Kishore Prasad – said that if a married person (husband or woman) repeatedly evades marital obligations, persistently refuses physical intimacy and maintains separation because he or she does not want the marriage, it amounts to “mental cruelty.” The Times of India+1 The court found that the man’s mental and emotional health had been affected by decades of separation and negative attitudes towards physical relationships, leading to the marriage being deemed “irretrievably broken”. The Times of India+2Patrika News+2 The court set aside the 2023 decision of the family court and accepted the divorce petition while allowing the husband’s appeal. The Times of India+2Punjab Kesari MP+2 Significance and wider impact of the judgment This judgment further clarifies the interpretation of “marital obligations” in matters relating to family law and divorce. Now, not only physical abuse or domestic violence, but persistent refusal of marital relations, emotional isolation, etc. can also be considered “cruelty”. This indicates that if a married person (husband/wife) repeatedly refuses his/her marital obligations and the other party becomes mentally and emotionally broken, the courts may consider this as grounds for divorce. In addition, the question arises as to how often/how many attempts “physical intercourse” will be considered by the courts as a marital obligation. The circumstances, evidence and documentation will be unique to each case – that is, it is subject to a detailed, fact-based investigation. Share this story Tags