The Madhya Pradesh High Court held ‘there can never be any straight jacket formula or fixed parameters for determining mental cruelty in matrimonial matters’.
The court made the observation while allowing an appeal of a husband for divorce from wife on grounds of denial of consummation of marriage or physical intimacy.
The marriage solemnized on 12.7.2006 is hereby dissolved by the decree of
divorce, the court order of 3 January 2024 said.
A division bench comprising Justice Sheel Nagu and Justice Vinay Saraf observed the prudent and appropriate way to adjudicate the case would be to evaluate it on its peculiar facts and circumstances while taking the relevant factors in consideration.
The appellant solemnized the marriage. The appellant was hopeful to consummate the marriage but the same was denied by the respondent and certainly the said act of the respondent amounts to mental cruelty, the court order said.
The trial court has wrongly held that failure on the part of the wife to consummate the marriage cannot be a ground for divorce whereas in the matter of Sumer Ghosh vs Jaya Ghosh reported in (2007) 4 SCC 511, the Apex Court has accepted the said act of wife as mental cruelty.
The ground of divorce enumerated in Clause (i-a) under Section 13 (1) is made out. The appellant is entitled for the decree of divorce, the court order said.
The court set aside the decree order of the trial court of 3.11.2014.
We hold ground under Clause (i-a) under Section 13 (1) of the Hindu Marriage Act proved by the appellant/husband, the court order said.
The marriage solemnized on 12.7.2006 is hereby dissolved by the decree of divorce. Accordingly, the appeal is allowed, the court order said.
The appellant, husband has preferred the present appeal under Section 28 of the Hindu Marriage Act, 1955 challenging the judgment and decree dated 3.11.2014 passed by the XIVth additional District Judge, Bhopal where the petition filed by the appellant for grant of decree of divorce was dismissed.
