The Chhattisgarh High Court has held that denial of physical relationship by one spouse to the other in a matrimonial relationship constitutes cruelty. Thus, it allowed the plea for divorce made by the husband in this case.

The appellant got married to the respondent in Bilaspur. After a few months of marriage, the respondent went to her parental home to celebrate some festivals. This became a routine and she would continuously go to her parental home on all important days, such as birthdays and festivals, which continued for four years.
The husband thereafter applied for a divorce and the grounds raised were that within a few days of marriage the wife was treating the husband with cruelty; she was continuously harassing him mentally, saying that he had a bulky physique and was not good-looking.
Moreover, after the death of the husband’s father, she went back to her parents’ house resided there continuously for about four years; during this period, whenever the husband contacted her on mobile phone and asked her to come back, she used to ask the him to come and settle in Bemetara, place of residence of wife’s parents.

The respondent-wife also took a job without informing the petitioner. It is argued that it was clarified that the respondent would not be doing any job at the time of marriage.

The Court noted that Section 12 (1) (i-b) of the 1955 Act envisages that a divorce decree can be granted on the ground that another party has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition.
The court also said,
“Mental cruelty and its effect cannot be calculated in an arithmetical manner, it varies from individual to individual; society to society and also from the status of a person. Agonized feeling or for that matter of sense of disappointment can take place by certain acts causing a grievous dent at mental level. Inference has to be drawn from the attending circumstances.”

In this case, the Court noted that there was no physical relationship between the parties, due to denial of the same by the Respondent, which would constitute cruelty on the Appellant.