Divorce -- Denial of Conjugal Rights -- Persistent refusal of sexual intercourse without reasonable cause amounts to mental cruelty
(i) Hindu Marriage Act, 1955, S.13(1)(ia) -- Divorce -- Denial of Conjugal Rights -- Persistent refusal of sexual intercourse without reasonable cause amounts to mental cruelty. It is a valid ground for divorce under Section 13(1)(ia) of the Act. (ii) Hindu Marriage Act, 1955, S.13(1)(ia) -- Divorce -- Prolonged Separation Without Hope of Reconciliation -- Living separately for a considerable time without any hope of reconciliation amounts to cruelty to both parties. Compelling parties to resume cohabitation after such prolonged separation would itself amount to cruelty. Divorce can be granted on this ground under Section 13(1)(ia) of the Act. (iii) Hindu Marriage Act, 1955, S.13(1)(ib) -- Divorce -- Desertion Continuing Without Effort to Reconcile -- Desertion as a ground requires the statutory initial period to be completed. Where such desertion continues for a long period without any effort by either party to restore cohabitation, this continuation is itself a ground the court can consider under Section 13(1)(ib) of the Act. (iv) Hindu Marriage Act, 1955, S.13(1)(ib) -- Divorce -- Independent Paths of Spouses -- Where spouses choose independent professional and geographical paths and remain completely estranged, without any reciprocal effort by either to bridge the distance, the desertion is not a matter of individual fault alone. It takes the character of a shared, de facto abandonment of the matrimonial relationship.
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