Sexual aversion a ground for divorce

13 Jun, 2007 l 0119 hrs IST l TIMES NEWS NETWORK The Times of India

NEW DELHI: Holding that sexual incompatibility or denial of sex by either spouse was sufficient ground to seek divorce, Delhi High Court has recently annulled a 13-year-old marriage after both the sides agreed to dissolve the relationship. Reversing a trial court’s order dismissing Ajay Kumar’s petition for divorce on the ground of cruelty by his wife, Justice S Murlidhar observed: ‘‘The evidence on record shows that the absence of normal sexual relations was definitely one reason for the failure of the marriage. It also cannot be denied that the husband underwent mental agony as a result thereof.’’ ‘‘Further the separation of the couple since 1996 has rendered remote the possibility of the parties resuming a normal married life,’’ the judge noted as he acquiesced to the couple’s wish. But HC further asked Kumar to pay Rs 2 lakh to his wife as permanent alimony within two months and directed the registry to draw up a decree of divorce by August 20 this year. Challenging the trial court’s order of February 1997 where his plea for divorce was dismissed, Kumar had filed a petition in the HC alleging that his marriage was not properly consummated as his wife had never offered herself for complete sexual intimacy with him since they got married in June 1994. Kumar also alleged that his wife used to be violent in bed and that her behaviour never improved despite medical treatment. He accused his in-laws of threatening him with dire consequences when he had tried to bring the issue to their notice. His wife was taken away by them to their house in 1996, he said.

http://timesofindia.indiatimes.com/Sexual_aversion_a_ground_for_divorce/articleshow/2118412.cms
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