Willful denial of sex, including that on the first night after wedding, by either of the spouse amounts to cruelty and can be a ground for dissolution of the marriage, the Delhi high court has ruled. Your views?
The court said, that willful denial of sex, by either of the spouse, for no real reason, is a ground for divorce. The court awarded divorce to the couple in question in the case as the wife did not argue to the fact that she denied her husband sex, even on the first night.
So, what do I think of this?
Let me look at this one legally.. Cruelty is defined under the IPC as Any act that causes death, hurt or wrongful confinement, whether physical or mental, or which leads the person to commit suicide, is cruelty. So, does wishful denial of sex fit in?
Looking at it in a strict sense, no it does not! But as is the case with any law, it is made not by any text but by it’s interpretation in real cases. So, yes, this can be cruelty. It is hard to imagine a healthy marriage without sex, not just because sex is a necessary part of marriage, but more so because a marriage in which one of the partners is not ready to be physically intimate with the other, seems to smell of something unhealthy between the two.
In my personal opinion, I do believe that sex is an important part of marriage. However, when it comes to divorce, even if divorce has to be allowed in such cases, it should not be on the grounds of cruelty but on mutual consent. Recently, by an amendment in the marriage laws in India, mutual consent of both parties has been made a valid ground for divorce. So, if the parties are not happy physically together. Or even if one party is not, it has to be understood between them that all is not well and that if the need arises, they should part ways. It is better than one pressing charges of cruelty on the other. Intimacy in a couple cannot be forced, and therefore the lack of it should not be labelled cruelty but the reasons behind the same should be understood and given importance to.
Let’s not play the blame game in Court but aim at finding a solution. Willful denial of sex is a valid ground for divorce, but not for labeling it as cruelty. That’s what I think. What about you?