It is being alleged for a long time that Indian penal code is really flexible for females in getting a divorce and it is equally tough for Indian men to get divorced on the ground of sexual incompatibility. Recently, the verdict of Delhi High Court has proved this allegation untrue: it has been reiterated by Delhi High Court that denying sexual intercourse to spouse without any significant reason, will be considered as an offence and can be considered as serious and valid reason to get divorce in a marriage treaty.
What says the verdict?
Recently the legal bench of Justice PradeepNandrajog and Justice Pratibha Rani has granted divorce to a man who had filed a case against his wife that she is refusing him to enjoy the privilege of sexual intercourse without any valid reason.As per court, it is being counted as a cruelty for honoring marital commitment between a man and his wife. The bench has declared that such cruelty is a significant reason for termination of a marriage treaty.This new verdict has created a new benchmark in marital suit that considering the ground of physical cruelty, Indian men can ask for divorce and the appeal can be granted on due assessment of unconditional cruelty.
What was the court case about?
The court case was filed by a 46-year old man against his wife after 9 years of their marriage. He has accused his wife that since 2007, his wife is refusing him to enjoy the right of physical intimacy and preventing their marriage from being consummated. He has appealed to the court that without any significant reason his wife is refusing to give him the husbandry privilege and if she is persuaded for physical intimacy, she is pushing him to commit suicide.
The man has stated his problem since his marriage on 2007. He went to honeymoon after one month of their marriage but there also she refused to get the marriage legally consummated. She clearly said t hat she will jump from the balcony of the hotel if she is even touched by her husband. Later on, she went to her parents’ home.
The divorce petition was challenged by his wife. She has agreed on the fact that her husband and in-laws used to bother her with dowry claim. She safeguarded her decision to reject sexual intercourse with the husband claiming that he used to come to house in complete intoxicated considering drink heavily and at midnight started actions like ‘inflict cruelty on body, mind and soul’.She also supposed him of hiding about his earlier marriage and about a daughter from His first wife.
The court also took into contemplation the fact that the wife had visited his office and executed false complaints against his boss, according to recent posts, due to which he had to continue with her job freely.The bench has offered the decision at a family court and it helps in relaxing the marriage bond finding it a “sexless marriage”.
Cruelty in refusing intimacy?
The impartial approach of IPA has been established and it is really a boon for society. But is cruelty resides in refusing physical intimacy? The reasons that triggers such decision should be considered also in a way so that bereaved wives can also get the same attention from court when husbands bring the guilty of being cruel without actual no reason. This is in fact the best way to offer justice that favors humanity, honesty, humbleness in a marital relationship.