A man moved to court as his wife refused sex. It was a love marriage that went bad after 16 years. After complete frustration he moved court. alas the court just gave him bashan and sent him back
Refusal of sex by wife after 16 years of marriage not cruelty: Madras high court
Source : Times of INDIA
MADURAI: Refusal of conjugal rights (sexual intercourse) by wife after 16 years of marriagebcannot be construed as cruelty, said the Madras high court dismissing a petition by a man from Erode who moved the court seeking divorce, alleging matrimonial cruelty by his wife. The court also chided the man for refusing to gracefully acknowledge the changes associated with ageing and challenges which life exposes.
The man, who fell in love with the woman and married her in 1998 moved a family court in Erode in 2014 seeking divorce, alleging that she constantly suspected his fidelity and refused conjugal rights. The family court however refused to grant divorce.
A division bench of justice R Subbiah and justice C Saravanan was hearing an appeal against the family court order . When the man’s counsel cited an earlier order by a division bench which held that wilful refusal to have sexual intercourse by wife amounts to cruelty, the bench pointed out that the relied decision will not be applicable in this case as the couple were married in 1998 and have a girl child out of the marriage.
“Alleged lack of co-operation to reciprocate and yield to the physical desire after 16 years of marriage cannot amount to cruelty,” the court said. “This is a natural phenomenon on account of several reasons including ageing and no one can be blamed for it.” It was also brought to the notice of the bench that it was the wife who was subjected to cruelty in the relationship and the man had an extra-marital affair, which led to quarrel between and they were eventually separated in 2014.