Denial of S*xual Intimacy Is Cruelty, Says Supreme Court; Dissolves Doctor Couple's Marriage

The Supreme Court of India has dissolved the marriage of a doctor couple, ruling that the consistent denial of s*xual intimacy by one spouse constitutes matrimonial cruelty. In a judgment delivered on June 2, a bench comprising Justices Sanjay Karol and AG Masih upheld a lower court's divorce decree, observing that the couple's 15-year separation had resulted in an irretrievable breakdown of their union. The apex court concluded that forcing the parties to remain legally wedded after a decade and a half of alienation would only perpetuate a marriage existing solely on paper.

Evidentiary Findings of Matrimonial Cruelty

The legal dispute escalated to the top court following allegations by the husband regarding the nature of their brief cohabitation. According to evidence accepted by the court, during the short period they lived together, the wife routinely locked her room from the inside, ignoring her husband's knocks and compelling him to sleep in a separate area. The Court noted that the wife did not dispute the allegation of maintaining separate sleeping arrangements. Consenting Adults in S*x Work Cannot Be Targeted by Police, Supreme Court Rules.

Evaluating these interactions, the Supreme Court emphasised the foundational role of physical intimacy in a marital relationship. The bench stated: "The Courts in India have repeatedly established that withholding s*xual intimacy inflicts severe emotional distress and undermines the bedrock of marriage." The justices determined that both parties had failed to discharge their conjugal responsibilities during their limited time together, validating the prior judicial conclusion that a ground for divorce based on cruelty was fully established.

Procedural History and Background of the Case

The couple was married on December 5, 2007, in Gujarat according to Hindu rites, and they have no children. At the time of their marriage, both were medical professionals; the wife worked as a gynaecologist in a Gujarat government hospital, while the husband served as a state medical officer in Rajasthan. The husband initiated divorce proceedings in a family court in 2009, citing lifestyle differences and alleging that his wife lived at their matrimonial home in Bharatpur for only two to three months over two years. While the family court initially dismissed the petition due to a perceived lack of standard evidence, the husband successfully challenged the ruling before the Rajasthan High Court, which granted the divorce in 2025. The wife subsequently appealed that decision to the Supreme Court.

Shared Abandonment and Constitutional Dissolution

Before the Supreme Court, the wife argued that she remained willing to sustain the marriage, denying allegations of cruelty or intentional desertion. Conversely, the husband contended that the prolonged 15-year separation, paired with the denial of marital relations, left no viable path forward. The bench observed that while desertion can sometimes be viewed neutrally when spouses pursue independent geographical and professional paths, a prolonged timeline changes the legal context. The bench noted: "In such circumstances, desertion ceases to be merely a matter of individual malice or unilateral fault rather, it assumes the character of a shared, de facto abandonment of the matrimonial covenant." Woman’s In-Laws Asking Her To Adjust in Marriage or Return to Paternal Home Is Not Cruelty, Says Supreme Court.

Concluding that the litigation had stripped the marriage of any remaining sanctity, the Court invoked its extraordinary constitutional powers to permanently resolve the matter. "Therefore, we are of the considered opinion that this is a fit case to exercise the powers under Article 142 of the Constitution of India and to dissolve the marriage between the parties," the Court said. With this declaration, the Supreme Court officially dismissed the wife's appeal and sustained the divorce decree.

(The above story first appeared on LatestLY on Jun 04, 2026 06:13 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).