The husband canít be made to suffer for no fault of his and be deprived of his natural urge to enjoy sexual happiness if the wife is unwilling to share the bed and discharge her duties
Denying sex to husband without any specific reason is cruelty and ground for divorce, the Karnataka high court has ruled.
The wife had moved the high court, challenging the family courtís order of 2009. The Mysore-based couple got married in 2006, but the wife never shared the bed with the husband. Though counselled by doctors at Nimhans and a private hospital in Mysore, she did not show any improvement.
A division bench comprising Justices K L Manjunath and K Govindarajulu said: ďWhen the marriage is not consummated for more than six years, no court can direct the husband to join his wife and live without conjugal happiness for the rest of his life. Even if the wife had any medical problem, she was required to provide evidence to the court and prove she was ready to discharge her duties as a wife. But she has made no such efforts. Therefore, for no fault of the husband, he canít be made to suffer depriving of his natural urge to enjoy the sexual happiness.Ē The court upheld the divorce granted by a family court in Mysore.
The 20-page judgment noted that the wife was not illiterate and was, in fact, a postgraduate. She could have produced the medical records if she had any problems, it said.
The husband moved the family court in 2009, three years after the marriage, seeking divorce under Section 19 of the Hindu Marriage Act, 1955, on the grounds of cruelty as his wife refused to share bed with him. The divorce was granted in 2010.
He told the court that he tried his best to improve the relationship by taking his wife to a psychiatrist and a gynecologist in a private hospital in Mysore as well as in Nimhans. The wife, in her defense, argued that she had never declined to share bed with her husband and their marriage had been consummated. During cross-examination in the family court, she had agreed that the marriage was not consummated.