Court Rules Persistent Denial of Sexual Relations Without Valid Reason Constitutes Mental Cruelty; Restitution of Conjugal Rights Petition Dismissed
In a significant ruling delivered on October 6, 2026, the Rajasthan High Court (Division Bench comprising Justices Munnuri Laxman and Yogendra Kumar Purohit) upheld the decree of divorce granted by the Family Court, Jaisalmer, on the grounds of mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The judgment arose from the appeals filed by Smt. Lakshmi Choudhary against the divorce decree granted in favor of her husband, Gajendra Choudhary, and the dismissal of her petition seeking restitution of conjugal rights under Section 9 of the Act.
The matrimonial dispute stemmed from the couple's marriage solemnized on October 11, 2018. The respondent-husband, Gajendra Choudhary, alleged that the appellant-wife, Lakshmi Choudhary, refused to live with him and persistently denied physical relations without any physical incapacity or valid reason from October 25, 2018, onwards. The respondent also submitted that the appellant threatened to commit suicide, which was substantiated by a suicide note (Exhibit 1) produced in court. Contrarily, the appellant contended that the respondent was emotionally abusive and had deserted her without reasonable cause for over two years. She also denied any refusal of marital relations, though admitted to living separately due to differences.
The Family Court, after examining the pleadings and evidence, granted the decree of divorce on the ground of cruelty and dismissed the restitution petition filed by the appellant. Aggrieved, the appellant challenged both orders before the High Court.
The Division Bench meticulously analyzed the legal principles governing mental cruelty in matrimonial disputes, extensively relying on the Supreme Court's precedents in Samar Ghosh v. Jaya Ghosh (2007) and the recent Sonal Talpada v. Veerbhan Singh (2026). The Court reiterated that no uniform standard exists for mental cruelty but clarified that persistent refusal of sexual intercourse without physical incapacity or reasonable cause can amount to mental cruelty. The Court emphasized that marriage is a bond based on mutual affection and cohabitation, and unilateral denial of conjugal rights seriously undermines the marital relationship.
Examining the facts, the Court observed that the respondent's evidence, including the suicide note and testimony regarding the appellant's refusal to cohabit and maintain physical relations, remained unchallenged effectively. The appellant admitted absence of physical incapacity and acknowledged living separately. Further, the Court noted the absence of any valid reason for refusal and the prolonged period of separation, which corroborated the finding that the matrimonial bond was beyond repair.
On the issue of restitution of conjugal rights, the Court held that once a valid decree of divorce on the ground of mental cruelty is sustained, the law does not permit the grant of restitution of conjugal rights. Therefore, the appeal against the dismissal of the restitution petition under Section 9 was also dismissed.
The Court concluded that the decree of divorce granted by the Family Court was well-founded in law and evidence, and no interference was warranted. Both appeals were dismissed, affirming the dissolution of marriage and upholding the non-grant of restitution of conjugal rights.
This judgment reaffirms that mental cruelty encompasses not only overt physical harm but also the emotional anguish arising from sustained refusal of marital obligations such as cohabitation and intimacy. It serves as a guiding precedent for similar matrimonial disputes and strengthens legal protections for spouses subjected to mental cruelty under Indian matrimonial laws.
Bottom Line:
Hindu Marriage Act - Divorce on ground of cruelty - Persistent refusal of sexual intercourse without physical incapacity or valid reason, coupled with threat of suicide, amounts to mental cruelty - Decree of divorce upheld - Once divorce decree is sustained, restitution of conjugal rights cannot be granted.
Statutory provision(s):
Hindu Marriage Act, 1955 Section 9, Section 13(1)(ia), Section 13(1)(ib)
Smt. Lakshmi Choudhary v. Gajendra Choudhary, (Rajasthan)(DB) : Law Finder Doc Id # 2995223
