CHENNAI: If a spouse does not allow the partner to have sex for a long time, without sufficient reason, it amounts to mental cruelty, the Supreme Court has said, upholding a verdict of the

Madras high court

to grant divorce to a man.

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Denying sex to spouse is ground for divorce, high court says

(*Names changed)

Savitha married Keshav (both names changed) in April 2005. As Keshav was employed in London, the couple went there. Eight months later, they came back to Chennai. A few days later, Keshav had to return to London alone, as Savitha refused to accompany him though he had bought tickets for both. In September, 2008, he moved a family court in the city for divorce. Keshav said when Savitha was in London, she turned violent and hysterical frequently. Despite persuasion, she refused to consummate the marriage, he said.Countering his arguments, Savitha said she did not consummate the marriage as her husband wanted children only after two years. She asked the court to “restore the conjugal rights”. The city court dismissed Keshav’s petition for divorce.Keshav then moved the Madras high court. The court underlined the incidents of cruelty narrated by Keshav. He had said his wife was “not interested in marriage, and during honeymoon in Scotland, she was moody, emotionless and abnormally quiet.”Granting divorce, the high court said: “Despite the lengthy cross-examination of Keshav, there was nothing which created doubt in his testimony.” It also said, “Even assuming for a moment that Keshav wanted to have a child after two years, it did not mean Savitha should not have had sexual intercourse. The couple could have used contraceptives and avoided pregnancy,” the court said.Savitha then filed an appeal in the Supreme Court. The bench of Justice Sudhanshu Jyoti Mukhopadhaya and Justice Prafulla C Pant cited earlier verdicts of the apex court which had said that unilateral decision or refusal to have intercourse for a considerable period without there being any physical incapacity or valid reason may amount to mental cruelty. “Mental cruelty could cause more injury than physical harm,” the bench said, upholding the HC verdict. However, as Savitha was not employed, it asked Keshav to pay Rs 40 lakh as alimony.