‘Denying Physical Intimacy to Husband Amounts to Cruelty’, Says Madhya Pradesh High Court; Upholds Divorce of Couple

The Madhya Pradesh High Court has upheld a family court's decision to grant a divorce to a husband on the grounds of cruelty, citing the wife's refusal to engage in physical relations. The couple married on May 26, 2013. Just three days after their wedding, the woman's brother took her to her parental home for an exam. When her in-laws attempted to bring her back, she refused. Subsequently, the woman filed a dowry harassment complaint against her in-laws in Sidhi. Although the couple initially agreed to a mutual divorce, the wife later lodged a domestic violence complaint against her husband. The husband then filed for divorce under the Hindu Marriage Act in the Satna family court. After hearing both sides, the court granted the divorce on August 17, 2021. The woman challenged the decree in the High Court, which upheld the lower court's decision, emphasising that denial of physical intimacy constitutes cruelty. HC on Marital Rape: Any Sexual Intercourse Including Unnatural Sex With Wife Won't Amount to Rape as Her Consent Becomes Immaterial, Says Madhya Pradesh High Court.

Denying Physical Intimacy to Husband Amounts to Cruelty, Says Madhya Pradesh High Court

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