Not accepting the hyper-technical view of Family Court, Allahabad High Court ruled that not allowing spouse to have sexual intercourse without sufficient reason, amounts mental cruelty

Case Details:
Case Name: Ravindra Pratap Yadav v Smt. Asha Devi and others
Case No.: First Appeal No. 405 of 2013
Bench: Hon’ble Suneet Kumar, J., Hon’ble Rajendra Kumar-IV, J.

Hon’ble Allahabad High Court while dissenting from the hyper-technical approach adopted by the Family Court and setting aside the impugned order passed by the learned Court, in a divorce case has held that not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, itself amounts mental cruelty to such spouse.

The Court has relied upon the judgements passed by the Hon’ble Supreme Court in a catena of decision and upon perusal of the of the plaint and other evidences available on record dissented from the views of the learned Family Court and quashed and set aside the order passed by the Court below.

Read the judgement here: FAPL(A)_405_2013_Not allowing spouse to have sexual intercourse