Observing that the denial of sex by either spouse is sufficient ground for granting a plea for divorce, the Delhi High Court has dissolved a man's 13-year- old marriage.
Reversing a trial court's order dismissing Ajay Kumar's petition for divorce on the ground of cruelty by his wife, Justice S Murlidhar on Monday said: "The evidence on record shows unmistakably that the absence of normal sexual relations was definitely one reason for the failure of the marriage. It also cannot be denied that the husband underwent mental agony as a result thereof.
"Further, the separation of the couple since 1996 has rendered remote the possibility of the parties resuming a normal married life," he said in his order.
Asking Kumar to pay Rs 2 lakh to his wife as permanent alimony within two months, the High Court directed the registry to draw up a decree of divorce by August 20.
Challenging the trial court's dismissal order of February 1997, Kumar filed a petition in the High Court which alleged that his marriage was not properly consummated as his wife had never offered herself for complete sexual intimacy with him since they were wed in June 1994.
Kumar also alleged that his wife used to be violent in bed and that her behaviour never improved despite medical treatement for about a year.
He accused his in-laws of threatening him with dire consequences when he had tried to bring the issue to their notice. His wife was taken away by them to their house in 1996, he said.
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