Not Allowing Spouse To Have Sexual Intercourse For A Long Time Amounts To Mental Cruelty: Allahabad High Court
The HC noted that it was evident from the record that for a long duration, the parties to the marriage had lived separately, and that as per the husband, the wife had no respect for the marital bond, denied discharging her obligation of marital liability and thus, there had been a complete breakdown of their marriage.
The Bench further noted that the Family court adopted a hyper-technical approach and passed the order of dismissal of the plaintiff-appellant’s case despite the fact that there was nothing on record to controvert the evidence filed by him.
Further, referring to the Apex Court’s judgment in the case of Vinita Saxena vs. Pankaj Pandit, (2006) 3 SCC 778 on the aspect of mental cruelty, the bench found faults with the order of the family court and hence, the same was set aside and the court allowed Husband’s appeal.
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