Recently, the Madhya Pradesh High Court ruled that a wife's refusal to consummate her marriage or have sex with her husband constitutes mental cruelty and gives rise to a legitimate divorce claim under the Hindu Marriage Act on the part of the husband. A family court in Bhopal refused to grant a divorce to a man who claimed that his wife was mentally abusing him by refusing to have sex for an extended period of time. The decision was overturned by a division bench of Justices Sheel Nagu and Vinay Saraf in November 2014. We are aware that unilaterally refusing to engage in sexual activity for an extended length of time without a legitimate cause or physical inability might be considered mental cruelty, said the court. HC on Denial of Sex by Spouse: Refusal of Sex Can Be Considered Form of Mental Cruelty When Persistent and Intentional, Says Delhi High Court.

HC on Denial of Sex by Spouse

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