Refusing to engage in physical intimacy for an extended duration without any valid or reasonable justification can be legally construed as mental cruelty. The Rajasthan High Court made this crucial observation while adjudicating a divorce matter, underlining that such circumstances can serve as a legitimate ground for dissolving a marriage. Upholding the lower court's decree in favor of the husband, the bench dismissed both appeals filed by the wife.
Marriage in 2018 and Early Friction
The legal dispute stems from a marriage solemnized in 2018. The husband operates a kulfi manufacturing business in Balotra, while the wife worked as a junior accountant in the Jaisalmer Municipal Council. According to the husband, their relationship soured merely days after the wedding, with the wife persistently refusing physical intimacy. He further alleged that she constantly taunted him regarding his kulfi business and frequently threatened to consume poison and end her life.
Separation Within Days of the Wedding
The husband stated that following the ceremony, the wife spent approximately 10 days with him in Balotra before returning to Jaisalmer for her job. Subsequently, the husband stayed with her in Jaisalmer for about 15 to 20 days. During this period, disputes between the couple reportedly intensified. He maintained that after October 25, 2018, no physical relations took place between them, leading to separate living arrangements. Consequently, he sought a divorce on the grounds of mental cruelty and desertion.
Wife's Counter-Allegations and Demands
Conversely, the wife refuted all allegations leveled by her husband. She claimed that he picked quarrels over trivial matters and pressured her to quit her job and relocate to Balotra. She further alleged that he demanded half of her salary. Expressing her desire to live with her husband, she maintained she was unwilling to sacrifice her employment and petitioned for the restitution of conjugal rights.
Family Court Granted Divorce in 2024
The Family Court in Jaisalmer accepted the husband's petition on February 20, 2024, granting a decree of divorce on the grounds of cruelty while dismissing the wife's plea for conjugal rights. Challenging this order, the wife approached the Rajasthan High Court, appealing against both the dissolution of marriage and the rejection of her plea to restore their matrimonial life.
Grounds and Legal Precedents Considered by the High Court
A division bench of the Rajasthan High Court, comprising Justice Munnuri Laxman and Justice Yogendra Kumar Purohit, examined the aspect of mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act. The bench referenced prominent Supreme Court judgments, including Samar Ghosh v. Jaya Ghosh and Sonal Talpada v. Veeribhan Singh (2026). The court observed that unilateral and prolonged refusal of physical intimacy without justifiable cause amounts to mental cruelty.
Evaluation of Evidence and Final Ruling
The court noted that the wife's written submissions did not claim the resumption of physical relations after October 25, 2018. Furthermore, no evidence regarding physical incapacity was found on record. The allegations concerning threats of suicide were also duly considered. Upon evaluating all facts and records, the High Court affirmed the family court's decision, dismissing the wife's appeals entirely.
