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‘Not allowing spouse to have sexual intercourse for a long time….’, observes Allahabad HC

In a significant observed, the Allahabad High Court has said that not allowing a spouse to have sexual intercourse for a long time without adequate reason amounts to mental cruelty.

The court allowed for marriage dissolution on ground of mental cruelty while hearing this case and observed

..Since there is no acceptable view in which a spouse can be compelled to resume life with the consort, nothing is given by trying to keep the parties tied forever to a marriage than that has ceased to in fact.

The Court was hearing an appeal filed by a husband against the order of a family court which dismissed his divorce plea under Section 13 of the Hindu Marriage Act.

The husband had claimed that the wife’s attitude changed towards him completely after marriage and that she began living with her parents separately after six months of marriage.

She also refused to come back to husband’s home after six months despite the pleas from husband.

 

 

 

 

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