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Continuation denial of physical intimacy with one’s spouse can be considered as a ground for divorce:-

Shoaibur Rahman Shoaib

LL.M; LL.B(Hon’s)

Advocate

 

The Delhi High Court has ruled that continuation denial of physical intimacy with one’s spouse can be considered as a ground for divorce.

Holding that physical intimacy between husband and wife is an integral part of marriage , the Delhi High Court has ruled that continual denial by a wife to have such relationship with her husband can be deemed a ground for divorce.

The court awarded the verdict while dismissing a woman’s appeal against a family court’s judgment favoring divorce sought by her husband for being continuously denied physical intimacy.

The bench comprising of Najmi Waziri and S. Ravindra Bhat took note of the fact that even though the couple had settled all their issues in 2009 and started living together thereafter, the wife had been continuously refusing to have sexual relationship with the husband.

The verdict by the family court was based on the finding that there was no conjugal relationship between the complainant and the defendant in the case for approximately 8 to 9 years due to the latter’s decision to live away from her husband at her matrimonial home.

“Physical intimacy between couples is an essential aspect of marriage and consistent refusal of physical intimacy strikes at the very root of the marital relationship,” HC stated while hearing the case, Times of India reports .

The bench also acknowledged the complainant’s plea that the allegations brought against him about having an affair with his sister in law amounted to mental cruelty.

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