Denying Physical Relationship, Accusing Husband of Affair Is Cruelty, Says Bombay HC

The Bombay High Court has recently ruled that refusal to have a physical relationship and making allegations of extra-marital affairs amounts to cruelty and is, therefore, a valid ground for divorce.

In doing so, a Division Bench of Justices Revati Mohite-Dere and Dr Neela Gokhale dismissed an appeal filed by a woman challenging the trial court's judgment, which had granted her husband's plea for divorce while rejecting her petition for restitution of conjugal rights.

"Refusal to have a physical relationship and making allegations of extra-marital relations is also cruelty by the Appellant and established as such for want of any cross-examination on that aspect," the Court held.

The appellant-wife and respondent-husband got married on 12th December 2013 as per the rites and ceremonies of the Hindu religion. However, due to matrimonial discord, the couple separated on 14th December 2014.

In her plea, the wife had alleged harassment by her in-laws and husband. She contended that despite multiple domestic helpers, she was forced to do household chores. She added that she still loved her husband and did not wish for the marriage to end.

The husband, on the other hand, alleged cruelty on several grounds. He claimed that his wife frequently left home without informing him and would return late. He further alleged that she was cruel towards his specially-abled sister and was dismissive of the marriage.

He also accused her of refusing physical intimacy soon after the wedding and making false allegations of extra-marital affairs. He said she refused to accompany him socially or on trips and would humiliate him in front of friends and colleagues.

Taking note of the submission, the judges said the conduct of the Appellant, as seen from the evidence on record, can be construed as ‘cruelty’ against the husband.

Upholding the Family Court’s divorce decree, the Court said, "The unrebutted evidence pertaining to the Appellant’s behavior with his employees is sure to cause agony to him. Similarly, humiliating the Respondent in front of his friends is also ‘cruelty’ to him. Moreover, apathetic and indifferent behavior with the Respondent’s specially-abled sister is also sure to cause pain."

The Court also noted that the husband had even made an attempt to work on their relationship by moving out of his family home to a rented flat. He invited the Appellant to live there and gave her the key to the said flat. Despite this, the Appellant did not show up at the new flat.

"This evidence of the Respondent is also unchallenged, further refuting the assertion of the Appellant regarding the Respondent deserting her. Thus, the Family Court has correctly determined the issues in the matter. We find no infirmity in the impugned judgment and order,"the Court added.

Additionally, the Court also rejected the wife’s plea seeking interim maintenance of Rs 1 lakh.

Case Title: X VS Y

Date of Order: 17 July 2025

Bench: Justice Revati Mohite Dere and Justice Dr. Neela Gokhale