Bombay High Court: The Court, relying on various Supreme Court judgments, said that willful denial of sexual intercourse without reasonable cause would amount to cruelty and can be a important ground for granting divorce. Sexual intercourse plays an important role in marital life and cannot be separated from other factors which lend to matrimony a sense of fruition and fulfillment. A person enjoying normal health being deprived of normal cohabitation by spouse and thus undergoing anguish and frustration could be said to have been subjected to mental cruelty.
While discussing the ground of mental cruelty as a ground for divorce, a 2-judge bench of the Court upheld the judgment of the family court and granted divorce to the husband, rejecting the plea of the wife for restitution of conjugal rights on various instances of abuse and cruelty such as harassing him for separate accommodation and threatening to commit suicide, etc. [Reshma Rakesh Kadam v. Rakesh Vijay Kadam, Family Court Appeal No. 141 of 2012, decided on December 4, 2013]
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