Unilateral Refusal to Consummate Marriage Is a Ground for Divorce; Amounts To Mental Cruelty

Case: Major Frank Ralston Samuel Raj v Kezia Padmini Swarna Pandian

Coram:  Justice K Kalyanasundaram and Justice V Sivagnanam

Case No: CMA 2463 and 2464 of 2016

Court Observation: “Where there has been a long period of continuous separation, it may fairly be concluded that the matrimonial bond is beyond repair. The marriage becomes a fiction though supported by a legal tie. By refusing to sever that tie the law in such cases does not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties. In such like situations, it may lead to mental cruelty,” the Apex court had opined in Samar Ghosh’s case.

101. No uniform standard can ever be laid down for guidance, yet we deem it appropriate to enumerate some instances of human behaviour which may be relevant in dealing with the cases of ‘mental cruelty’. The instances indicated in the succeeding paragraphs are only illustrative and not exhaustive: (xii) Unilateral decision of refusal to have intercourse for considerable period without there being any physical incapacity or valid reason may amount to mental cruelty

Previous Posts

No Claim Certificate (NCC) Must Be Examined in the Context of Relevant Documents and the Covering Letter under Which It Is Issued: Delhi HC

Performance Security Cannot Be Retained After Acknowledgement of Due Performance: Delhi High Court

As Is Where is in a License Agreement Does Not Absolve the Contracting Parties to Make a Minimal Disclosure: Delhi High Court

Advocate Who Voluntarily Suspended Legal Practice for Govt Employment No Longer a Member of the Bar: Kerala High Court

No Distinction between Decree or Awards Where Amounts Are In Foreign Currencies For Purposes Of Enforcement Of Arbitral Award: Delhi High Court

Person Ineligible U/s 29A IBC To Submit Resolution Plan Cannot Propose Scheme Of Compromise & Arrangement U/s 230 Companies Act 2013: Supreme Court Download Judgement

Keywords

Ground for Divorce, Mental Cruelty