Wife's Refusal To Consummate Marriage, Have Sex Valid Reason For Husband To Seek Divorce: Madhya Pradesh High Court

Bhopal, January 11: The Madhya Pradesh High Court has recently held that wife's refusal to have sex with her husband without any valid reason amounts to mental cruelty and is a valid ground to seek divorce. A division bench of Justices Sheel Nagu and Vinay Saraf made the observations while quashing a family court's verdict. The petitioner (husband) approached the High Court after the family court had turned down his application for divorce.

The husband submitted before the High Court that his wife had refused to consummate their marriage since they tied the knot on July 12, 2006, till he left India on July 28, 2006. She had also refused to have sex with her husband for considerable period without having valid reason, the husband claimed.

The bench noted that the portioner's wife did not contest the claims made her husband. "We understand that unilateral refusal to have sexual intercourse for considerable period without any physical incapacity or valid reason can amount to mental cruelty," the bench remarked.

'Refusal To Consummate Marriage Valid Ground For Divorce'

Quashing the 2014 verdict, the High Court said the Family Court made a mistake in holding that wife's refusal to consummate marriage cannot be a valid ground for divorce. It further noted that the woman was aware that her husband would leave India and yet she declined to consummate their marriage.

"During this period, the husband was hopeful to consummate the marriage but the same was denied by the wife and certainly this act (of wife) amounts to mental cruelty," the bench held, setting aside the Family Court's judgment.