The Calcutta High Court has dissolved a 22-year marriage that was never consummated, ruling that the prolonged denial of conjugal relations without justification constituted cruelty and led to an irretrievable breakdown of the relationship.
In its October 5 ruling, a division bench comprising Justice Debangsu Basak and Justice Aryak Dutt granted a decree of divorce to the husband while ordering him to pay Rs 10 lakh in permanent alimony to his estranged wife. The court recorded that the couple, who married in April 2004, had lived together for barely a month before separating permanently, aside from a brief court-mandated period of co-residence.
Findings On Non-Consummation And Cruelty
The bench found that the marriage had remained unconsummated throughout its duration and noted an absence of any medical evidence or valid reasons indicating that either party lacked physical capacity. Based on the case records, the judges concluded that both spouses had voluntarily withdrawn from each other’s society.
The court determined that the marital cruelty established in the case stemmed directly from the refusal of conjugal rights and the failure to consummate the union, rendering the marriage irretrievably broken.
Background Of The Dispute
The husband approached the court for divorce in July 2016, citing cruelty and desertion. According to his petition, the couple separated shortly after their April 2004 wedding when the wife left the matrimonial residence within four weeks. He submitted that his wife had refused sexual intercourse, stating she had no interest in intimacy due to concerns that it would affect her physical appearance.
Arguments And Evidence
Representing the husband, advocate Kaushal Paul submitted that the couple had been directed to live together as husband and wife during an interim phase pursuant to a high court directive. However, counsel stated that the husband did not reside in the home during that time, and the spouses neither cohabited nor consummated the union.
Appearing for the wife, advocate Prantick Ghosh contended that the husband had failed to furnish specific details regarding the allegations of cruelty or provide precise dates relating to the claimed non-consummation.
The bench observed, however, that the absence of conjugal relations stood established on record, highlighting that the wife had acknowledged during cross-examination that no cohabitation had taken place.
Settlement Efforts And Alimony Directives
The high court noted that prior attempts were made to help the estranged couple reach an amicable resolution, commending both legal counsels for making extraordinary efforts to facilitate a compromise, though the disputes ultimately could not be resolved.
Addressing financial relief, the bench evaluated the husband’s asset profile alongside the fact that the wife was gainfully employed. The court deemed an amount of Rs 10 lakh appropriate as permanent alimony, directing the husband to clear the sum in four consecutive monthly instalments starting November 15, 2026.
