Reversing a trial court's order dismissing Ajay Kumar's petition for divorce on
the ground of cruelty by his wife, Justice S Murlidhar observed: ''The evidence
on record shows that the absence of normal sexual relations was definitely one
reason for the failure of the marriage. It also cannot be denied that the
husband underwent mental agony as a result thereof.''
''Further the separation of the couple since 1996 has rendered remote the
possibility of the parties resuming a normal married life,'' the judge noted as
he acquiesced to the couple's wish.
But HC further asked Kumar to pay Rs 2 lakh to his wife as permanent alimony
within two months and directed the registry to draw up a decree of divorce by
August 20 this year.
Challenging the trial court's order of February 1997 where his plea for divorce
was dismissed, Kumar had filed a petition in the HC alleging that his marriage
was not properly consummated as his wife had never offered herself for complete
sexual intimacy with him since they got married in June 1994.
Kumar also alleged that his wife used to be violent in bed and that her
behaviour never improved despite medical treatment.
He accused his in-laws of threatening him with dire consequences when he had
tried to bring the issue to their notice. His wife was taken away by them to
their house in 1996, he said.
