The Rajasthan High Court has held that a wife's prolonged refusal to have sexual relations without physical incapacity or a valid reason amounts to mental cruelty and constitutes a valid ground for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

A division bench of Justice Munnuri Laxman and Justice Yogendra Kumar Purohit upheld the divorce decree granted to the husband, finding that the wife's prolonged refusal to have physical relations and threats of suicide amounted to mental cruelty.

It also dismissed the wife's appeals against the divorce decree and the rejection of her petition seeking restitution of conjugal rights under Section 9 of the Act.

For context, the appellant got married to the respondent in 2018, post which the respondent filed for divorce on grounds of cruelty and desertion which was granted. On the other hand, the appellant had filed an application under Section 9 of the Act, for restitution of conjugal rights, which was dismissed. Hence, the appellant had filed appeals against both the orders.

It was the case of the respondent that after marriage, the appellant, who was posted as a Junior Accountant at the Municipal Corporation, went to Jaisalmer for her job. When the respondent went to live with her, she behaved rudely, and did not permit him to establish physical relations and refused cohabitation. Further, she threatened to consume poison and commit suicide.

Post such treatment on part of the appellant, the respondent returned to his home, and since October 2018, both were living separately, without there being any physical relations.

On the contrary, it was submitted by the appellant that when the respondent came to Jaisalmer, his behaviour towards her was cruel and he started quarrelling with her over petty matters. Further, as alleged, he started taking and asking for money from her salary. It was submitted that neither he came to Jaisalmer, nor allowed the appellant to come to his home.

After hearing the contentions, the Court referred to certain Supreme Court cases, including Samar Ghosh v Jaya Ghosh and Sonal Talpada v Veerbhan Singh, and observed,

“…appellant has refused to have physical relations unilaterally for a considerably long period without “physical incapacity” or a valid reason, which falls within the definition of “mental cruelty…absence of physical relations from 25-10- 2018 and the appellant's refusal to permit establishment of physical relations falls within the category of mental cruelty and giving threats of suicide also falls within the category of mental cruelty. Which is a valid ground for divorce under Section 13(1)(ia) of the Hindu Marriage Act.”

Hence, the appeal preferred against the divorce decree was set aside. Further, it was held that since the appeal against divorce was dismissed, the appeal preferred against dismissal of the application of conjugal rights, was also liable to be dismissed.