January 27, 2019:
Husband asked for a Divorce after his wife denied sexual intercourse to him.
Alleging his wife of matrimonial cruelty, a man from Erode filed a petition with the Madras High Court seeking a divorce.
The high court rejected the petition & concluded that refusal of sexual intercourse after 16 years of marriage cannot be termed as ‘cruelty’.
The court also rebuked the man for being indifferent & ignorant towards his wife.
A man from Erode filed a petition with the Madras High Court, asking for a divorce after his wife denied sexual intercourse to him.
The court, however, rejected his plea & construed that the refusal of sexual intercourse after 16 years of marriage cannot be called cruelty.
The court rejected the petition & even reprimanded the man for being ignorant towards ageing & the challenges that come with it.
The man fell in love with his wife & got married to her in 1998. If the man is to be believed, he wanted a divorce because his wife constantly suspected him of infidelity & refused to have sex with him.
In their report, the Times of India said that a division bench of justice R Subbiah & justice C Saravanan heard the man’s appeal in a family court.
When the man’s advocate reiterated a similar case in front of the bench where the refusal of sex was branded as cruelty, the bench stated that the same decision cannot be taken in this case as the couple has been married since 1998 & also have a child from the marriage.
According to the court, the absence of co-operation & physical attraction after 16 years of marriage cannot be amounted to cruelty.
The court said that this is a natural process & the major fuel behind the feud was the alleged extra-marital affair that the man had, the same affair had led to their separation in 2014.