Drishtikone
Frigidity is no excuse in a marriage.. your spouse can get divorce from you in India now. Married Couples are.. well .. expected to Copulate!! And there is no reason, as per the bench, why one person takes a unilateral step of denying both a kid or sexual happiness.
The bench clarified that "mere trivial irritations, quarrels, normal wear and tear of the married life which happens in day-to-day life would not be adequate for grant of divorce on the ground of cruelty"
While pronouncing the judgment the judges admitted that these things are not so straight forward.. but cae need be applied in every case due to its peculiar circumstances:
IF, WITHOUT the consent of her husband, a woman decides not to have children from her marriage or if she refuses to have sex with him for a considerable period, it would amount to mental cruelty on the husband, who could seek divorce citing this ground, according to the Supreme Court. The same applied if the wife was similarly aggrieved, the court said on Wednesday, adding that a long period of continuous separation was also tantamount to menta1cruelty "If a husband submits himself for an operation of sterilisation without medical reasons, and without the consent of his wife, and similarly if the wife undergoes tubectomy or abortion without medical reason or without the consent of her husband, such an act of the spouse may lead to mental cruelty," the court said. After analysing a series of judgments on mental cruelty, a bench headed by Justice B.N. Agrawal, however, added: "There can never be any strait-jacket formula or fixed parameters for determining menta1cruelty in matrimonial matters…. The prudent way to adjudicate the case would be to evaluate it on its peculiar facts and circumstances…"
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