Sagar
Post News Network
Bhubaneswar, March 24: A family court here has passed a decree of divorce on grounds of cruelty attributed to deprivation of sex by one partner in a marital relationship. The court observed that without harmonious sexual relation it would be impossible for a marriage to continue.
Passing an order on a petition filed under section 13 of the Hindu Marriage Act, Justice Prabhakar Mishra said: “Sex is the foundation of marriage and without sex marriage is anathema. It cannot be denied that sexual activity in marriage has an extremely favourable influence on a man’s mind and body.”
Petitioner Samarendra Kumar Bairiganjan (34) of Khandagiri has stated that his wife Nalini Parida (28) of Ghatikia is mentally unsound and had deprived him of sexual intercourse causing mental agony.
Kumar and Parida were married July 12, 2007 as per Hindu rites. Then, Nalini was found wandering on the courtyard of her in-laws’ house instead of staying indoors on the day of marriage reception, July 15, Kumar said. Kumar’s family asked Nalini’s brother Sanatan to admit her in a hospital in Cuttack suspecting some mental disorder. Santan rushed her to a mental hospital the next day. She never returned home, argued lawyer Dataram Ashok Kumar Mangaraj on behalf of the petitioner.
Nalini asserted she was mentally sound and physically fit. She also said she does not intend to dissolve her marriage. She did not go to her parents on her own, but was forcibly taken there by her husband, she stated and added her husband declined to have any relation with her unless her parents paid him a dowry of `50,000. The court observed the petitioner failed to prove that Nalini is mentally unsound.
But, the non-resumption of cohabitation since the date of marriage and withdrawal of Nalini from her husband’s society was established by the court. Dissolving the marriage, the court observed: “Nothing is more fatal to marriage than disappointment in sexual intercourse. If the petitioner doesn’t get sexual satisfaction it will lead to frustration…”
