Mumbai- Refusal to have sex with spouse during honeymoon does not amount to cruelty, the Bombay High Court ruled while setting aside a family court judgment dissolving the marriage of a couple on this ground, the Indian media reported today.
The court also ruled that a wife donning shirts and pants to office occasionally and going out of town for office work soon after marriage also would not amount to cruelty towards her husband.
"The married life should be assessed as a whole and a few isolated instances over certain period will not amount to cruelty", observed justices V K Tahilramani and P N Deshmukh in an order early this week.
"The ill-conduct must be preceded for a fairly lengthy period where the relationship has deteriorated to an extent that because of the acts and behavior of a spouse, one party finds it extremely difficult to live any longer with the other party (which) may amount to mental cruelty", the bench said.
Trivial irritations, quarrels and normal wear and tear of married life which happens daily in all families would not be adequate to grant a divorce on the grounds of cruelty, the judges further said.
"Only sustained unjustified and reprehensible conduct affecting physical and mental health of the other spouse may lead to mental cruelty. There is no evidence to that effect in the present case", the bench noted.
The court was hearing an appeal filed by a 29-year-old wife who was aggrieved by a family court’s order in December 2012, passing a divorce decree on a plea made by her husband on the grounds of cruelty.
"We have already verified all the allegations made in the petition, written statement as well as the evidence of both the parties ... we are satisfied that on the basis of such instances, the marriage cannot be dissolved. In this matter, the appeal is allowed," the judges observed.