Prolonged Matrimonial Litigation Causes Frustration, Perpetuates Marriage On Paper: Supreme Court
The court noted that the Rajasthan High Court had earlier granted a divorce to the husband on multiple grounds, including allegations of cruelty by the wife. Among the factors considered was the wife's repeated denial of sexual relations, which the High Court held amounted to mental cruelty.
"The courts in India have repeatedly established that withholding sexual intimacy inflicts severe emotional distress and undermines the bedrock of marriage," a bench of Justices Sanjay Karol and Augustine George Masih said.
Also Read | Married person cannot be in live-in relationship, Allahabad HC rules"Therefore, the conclusion of the high court is sustained. The decree of divorce as granted by allowing the appeal of the respondent-husband is upheld," it said.
Referring to its earlier rulings, the apex court reiterated that persistent refusal of sexual intercourse and denial of conjugal rights without reasonable justification can constitute mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act and may provide valid grounds for divorce.
The bench noted that both spouses, who married in December 2007, are medical professionals employed in government service, with the husband posted in Rajasthan and the wife in Gujarat.
Invoking its powers under Article 142 of the Constitution to ensure complete justice, the Supreme Court held that the marriage had irretrievably broken down and therefore deserved to be dissolved.
The verdict was delivered on June 2 in response to an appeal filed by the wife challenging a February 2025 Rajasthan High Court judgment that had allowed the husband's plea for divorce.
The Supreme Court pointed out that the couple had remained separated for more than 15 years, had no children, and had failed to reconcile despite repeated efforts made through judicial intervention.
The bench emphasized that marriage, in its legal and constitutional framework, cannot be viewed merely as a contract between two individuals or assessed solely through claims relating to conjugal rights.
According to the court, conjugal rights are inseparable from the corresponding duties arising from marriage. It observed that a sustained withdrawal from the fundamental obligations of married life could have legal consequences when courts assess allegations of mental cruelty.
"To demand the fulfilment of the former while wilfully abandoning the sanctity of the latter is to undermine the very essence of the institution," the bench said.
Also Read | Twisha Sharma death case: Demand for second post-mortem; legal battle ensuesExamining the facts of the case, the bench found that even during the brief period the parties lived together, they were unable to fulfil their marital responsibilities. It further observed that the prolonged separation had eroded the sanctity of the relationship, leaving little substance in the marriage.
While the wife contended that she had resigned from her job in Gujarat and shifted to Rajasthan, the court noted that no evidence was placed on record to support that claim.
The bench also underlined that in cases where matrimonial litigation drags on for an extended period, it is often in the interests of both the parties and society that such ties are formally severed rather than prolonged indefinitely.
Dismissing the wife's appeal, the Supreme Court ultimately upheld the dissolution of the marriage.
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