Denial of 'sex' a mental cruelty: Madras HC

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Madurai, Oct 22: The Madras High Court in a landmark judgement, stated that denial of sexual intercourse either on the part of a husband or wife will come under the contours of 'mental cruelty as per Section 13 (1)(ia) of the Hindu Marriage Act.

The appellant claimed that his wife was not interested in sexual cohabitation ever since their marriage in April 2003 and suspected that she might not have attained puberty. But, the wife contended that she had some menstrual problem. The judge recalled that the Supreme Court in Praveen Mehta vs. Inderjeet Mehta (2002) had held that mental cruelty was a state of mind and feeling with one of the spouses due to the behaviour or behavioural pattern of the other.

 

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