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Synopsis

In a notable judgment, the Allahabad High Court dismissed an appeal filed by a husband against his wife for divorce based on allegations of cruelty due to denial of sexual intercourse.

Court found insufficient grounds to substantiate claims of mental cruelty and ruled that the relationship did not exhibit the necessary conditions for dissolution on these grounds.

The couple married in 1999. Both husband and wife were medical doctors, with the husband establishing his practice in Delhi and the wife employed with the Indian Railways until she took voluntary retirement. They had two children, with one living with each parent. Nine years into the marriage, the husband filed for divorce, alleging that his wife’s denial of sexual relations, supposedly influenced by a religious teacher, amounted to cruelty. However, he failed to provide specific evidence of continuous deprivation or a complete absence of intimacy, which the court deemed essential to support his claims.

Court observed that although the husband alleged cruelty due to sexual denial, two children were born from the marriage, suggesting a degree of normal marital relationship.

Court emphasized that occasional issues regarding intimacy between spouses fall within the private domain and are not automatically grounds for legal intervention. A claim of cruelty based on sexual denial, it ruled, would require evidence of long-term and consistent refusal, which was absent in this case.

The division bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh said, "To seek dissolution of marriage on ground of denial of sexual intercourse, such fact occurrence has to seen to have existed/sustained consistently, over a long period of time".

Court further highlighted that divorce could not be granted based on an irretrievable breakdown of marriage alone, as this was not a statutory ground under Hindu marriage law. Additionally, reliance on previous case law cited by the appellant was deemed misplaced, as no sufficient evidence was presented to establish ongoing mental cruelty from the respondent's actions or beliefs.

This judgment follows a series of court-ordered mediations, including a session on August 14, 2024, wherein both parties initially expressed willingness to reconcile in the interest of their children. However, during subsequent hearings, contradictory statements from both counsels indicated that reconciliation efforts had been unsuccessful.

Conclusively, the high court found no basis to disturb the earlier decision of the Principal Judge, Family Court, Mirzapur, who had initially dismissed the husband's divorce petition. 

Case Title: Dr. Ravi Shanker Gupta Vs. Dr. Anita Gupta