Is Refusing Sexual Intercourse grounds for Divorce? क्या यौन संबंध से इंकार करना तलाक का आधार है? کیا جنسی ملاپ سے انکار طلاق کی بنیاد ہے؟

Sex is an important part of a successful marriage and it increases closeness in the relationship between husband and wife. A marriage that lacks intimacy can be a major problem in the relationship, and can lead to feelings of frustration and resentment. Therefore, if one spouse completely stops having sex, it can be considered cruelty towards the other spouse.


 According to law, a wife cannot refuse her husband to have sex, and refusing sex is a violation of the Hindu Marriage Act and the laws of other religions, and is also a ground for divorce.

            The husband cannot be made to suffer through no fault of his own and deprived of his natural desire to enjoy sexual pleasure if the wife is not willing to share the bed and perform her duties.

If the wife is not supporting her husband for the enjoyment of life and is refusing the relationship, then the husband can seek divorce by filing a divorce petition before the family Court on this ground.

             However, the Act does not allow a man to forcefully have sex with his wife. The right to have sexual relations should be with consent and not against the will of the wife. 

Under the Hindu Marriage Act, if one of the parties is impotent, unable to consummate the marriage, or otherwise unfit to have children, then the marriage can be subsequently annulled.

Importance of Sex in Marriage?

➧Sex plays an important role in marriage as it enhances hormones which increases emotional bonding, and in the absence of sex , a couple can become emotionally distant from each other due to lack of physical intimacy.

One of the important pillars of the marriage is sexual intercourse, and if there is not vigorous and harmonious sexual activity between the spouses, then the marriage will fail.

The purpose of a marriage is marital sex, when one party to the marriage does not achieve this goal; it may lead to the dissolution of the marriage on the basis of sexless marriage, and this why the law considers impotence as a ground for invalidating a marriage.  

Marriage in the legal sense means that there will be sex, stopping it is considered a divorceable offence.

     According to law, if one of the spouses has tortured the other mentally or physically or if one of the spouses has a reasonable apprehension that the conduct of the other is hateful and harmful, then the aggrieved spouse can obtain divorce on the grounds of cruelty. Hence, the following can be considered as cruelty and a ground for seeking divorce:-

👉Refusal to have sex with spouse

👉Physical attack on spouse

👉Persistent anger or irritability at spouse

👉Demand of dowry

👉Falsely accusing the other spouse of adultery

👉Living separately without any valid reason

👉Coldness/bitterness/neglect

👉Constant threats of suicide or attempts to commit suicide

👉Having adulterous /extra-marital affairs

👉Hiding facts from the other spouse during marriage

👉Filing multiple false cases against the spouse and his/her family members

 

The Supreme Court in the case of Samar Ghosh Versus Jaya Ghosh (2007)4 SCC 511, observed that “undoubtedly, not allowing one’s spouse to have sexual intercourse for a long period of time without any sufficient reason is tantamount to mental cruelty towards the spouse”.

            Similarly, the refusal to bear children and the subsequent refusal of sexual intercourse and frigidity, which is harmful to the husband’s health and the practice of the husband interrupting sexual intercourse against the desire of his wife, even if she wants to bear a child, is considered cruelty.


The Delhi High Court in the case of Shakuntala Kumari Versus Om Prakash Ghai (AIR 1983 Delhi 53) held that a normal and healthy sexual relationship is one of the basic elements of a happy and harmonious marriage. If this is not possible due to the ill health of one of the spouses, this may or may not amount to cruelty depending on the circumstances of the case. But deliberate denial of sexual intercourse by a spouse when the other spouse is eager for it would amount to mental cruelty.


The Delhi High Court in an another case of Rita Nijhawan Verus Balakishan Nijhawan (AIR 1973 Delhi 200) held that the marriage without sex is a curse. Sex is the foundation of marriage and without vigorous and harmonious sexual activity any marriage would be impossible to continue for a long time. It cannot be denied that sexual activity in marriage has very favorable effect on the mind and body of woman. The result is that if she does not get proper sexual satisfaction it will lead to depression and frustration.

            It has been said that the sexual relations when happy and harmonious vivified woman’s brain, develops her character and triple her vitality. It must be recognized that nothing is more fatal to marriage than disappointment in sexual intercourse. 

 

 A Sexless marriage is not one in which the couple is not being consistently intimate, but rather one in which sexual relations are repeatedly ignored and the couple experiences long periods of time without any intimate activity. If one spouse is withholding sex or using it as a weapon then this is immediate grounds for divorce.

However, as per the order of Patna High Court in the case of Prakash Kishore Versus Smt.Putul Devi, Sex is the foundation and bedrock of a marriage and refusal to have sexual intercourse within marriage can be cruelty in itself as a ground for divorce under Section 13 of the Hindu Marriage Act, 1955. But inability to conceive despite physical relations cannot be considered as cruelty and is not one of the grounds for divorce.

Post a Comment

Previous Post Next Post