In a landmark ruling, the Allahabad High Court has declared that prolonged refusal to engage in marital intimacy can constitute grounds for divorce. This judgment was delivered by a bench comprising Justice Soumitra Dayal Singh and Justice Donadi Ramesh, during a case hearing involving a divorce petition filed by a husband citing his wife’s persistent refusal to maintain physical relations.
The petitioner, a professional doctor, had initially filed for divorce nine years ago at the Mirzapur Family Court, claiming cruelty based on the wife’s refusal to engage in intimacy, allegedly influenced by her religious adviser. The Family Court had previously dismissed his petition, prompting the appeal to the High Court.
During the proceedings, the wife contested the allegations, pointing out that the existence of their two children evidenced a previously healthy relationship. However, the High Court observed that while the nature of physical intimacy within a marriage is not typically for judicial scrutiny, consistent and prolonged denial could indeed be a valid basis for divorce.
The case underscores a significant legal acknowledgment of intimate rights within marriage, positioning such denials as potentially severe enough to disrupt marital harmony and justify legal separation. This decision marks a critical perspective shift in recognizing personal boundaries and marital obligations under the law.
