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My Lord! Wife refuses sex, I want divorce, High Court said it is not the court's job to make any rules for personal relationship.

12-Nov-2024 || By Editor

 A petition that the strange case came up for hearing in Allahabad High Court. In the Court a petition filed by the husband against the wife was heard. The High Court said that divorce can be demanded on the basis of refusal of sexual relation for a long time. The court also said that the issue of how the parties can maintain physical intimacy is not a matter of judicial determination. And The division bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh dismissed the appeal filed while making this remark. 

 The decision of the Chief Justice of the Family Court of Mirzapur was challenged in the High Court, in which his application for divorce was rejected. The High Court said that it is not the court's job to make any rules about the exact nature of the personal relationship between the two parties (husband and wife). However, the court also said that divorce can be sought on the basis of refusal of sexual intercourse, provided it has been going on for a long time.

 Both the parties are doctors by profession and both were married in June 1999. Both have two children. in the petition One is living with the mother and the other with the father. At the same time, the husband who appealed runs his own private clinic in Delhi. After nine years of marriage, the husband filed a case in the Mirzapur family court on the basis of cruelty. In which the husband alleged that the wife refused to have sex under the influence of a religious guru.

 At the same time, the wife rejected the allegations of the husband and said that the birth of two children proves that there was a normal and healthy relationship between them. While hearing the case, the High Court said that the evidence clearly shows that there was a normal marital relationship between the husband and wife. And Two children were born within two years of marriage. The basis for refusal of sexual intercourse does not exist.






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