No sex in married life amounts to cruelty
In a judgement in xxx v xxx [2025:KER:25098], Kerala High Court ordered divorce on the ground of cruelty, specifically due to persistent neglect, lack of affection, and denial of conjugal rights without valid reasons which caused severe mental trauma to the spouse.
Family Court granted divorce
The challenge in the above appeal was by the husband against the judgment and decree of the Family Court, Muvattupuzha in O.P.No.224/2022 which granted a decree of divorce sought by the wife under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
Husband’s religiosity led to marital discord
The husband in the case was a person having superstitious beliefs who is not interested in having sex with the petitioner and not interested in having kids. Therefore, the wife was put to severe mental agony and pain. Her case was that respondent was a person more interested in spiritual affairs like visiting temples, conducting poojas than leading a matrimonial life including having sex.
High Court approved the divorce decree
The High Court says that the evidence on record would show that the mutual love, trust and care between the spouses has been lost and the marriage has been irretrievably broken, as rightly found by the learned Family Court. The learned Family Court has granted the decree of divorce after proper analysis of the evidence.
Therefore, the High Court did not find any reason to unsettle the finding, leading to giving a divorce decree.
Reference
- xxx v xxx [2025: KER:25098]
