Wife of 16yrs denying sex not cruelty: HC
Srikkanth.D@timesgroup.com
Madurai:25.01.2019
Refusal of conjugal rights (sexual intercourse) by wife after 16 years of marriage cannot be construed as cruelty, said the Madras high court, dismissing a petition by a man from Erode who moved the court seeking divorce, alleging cruelty by his wife. The court also chided the man for refusing to gracefully acknowledge the changes associated with ageing and challenges which life exposes.
The man, who fell in love with the woman and married her in 1998, moved a family court in Erode in 2014 seeking divorce, alleging that she constantly suspected his fidelity and refused conjugal rights. The family court, however, refused to grant divorce.
A division bench of justice R Subbiah and justice C Saravanan was hearing an appeal against the family court order. When the man’s counsel cited an earlier order by a division bench which held that wilful refusal to have sexual intercourse by wife amounts to cruelty, the bench pointed out that decision will not be applicable in this case as the couple were married in 1998 and have a girl child out of the marriage.
“Alleged lack of co-operation to reciprocate and yield to the physical desire after 16 years of marriage cannot amount to cruelty,” the court said. “This is a natural phenomenon on account of several reasons including ageing and no one can be blamed for it.”
This is a natural phenomenon on account of several reasons including ageing and no one can be blamed for it
Madurai bench
Srikkanth.D@timesgroup.com
Madurai:25.01.2019
Refusal of conjugal rights (sexual intercourse) by wife after 16 years of marriage cannot be construed as cruelty, said the Madras high court, dismissing a petition by a man from Erode who moved the court seeking divorce, alleging cruelty by his wife. The court also chided the man for refusing to gracefully acknowledge the changes associated with ageing and challenges which life exposes.
The man, who fell in love with the woman and married her in 1998, moved a family court in Erode in 2014 seeking divorce, alleging that she constantly suspected his fidelity and refused conjugal rights. The family court, however, refused to grant divorce.
A division bench of justice R Subbiah and justice C Saravanan was hearing an appeal against the family court order. When the man’s counsel cited an earlier order by a division bench which held that wilful refusal to have sexual intercourse by wife amounts to cruelty, the bench pointed out that decision will not be applicable in this case as the couple were married in 1998 and have a girl child out of the marriage.
“Alleged lack of co-operation to reciprocate and yield to the physical desire after 16 years of marriage cannot amount to cruelty,” the court said. “This is a natural phenomenon on account of several reasons including ageing and no one can be blamed for it.”
This is a natural phenomenon on account of several reasons including ageing and no one can be blamed for it
Madurai bench
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