Delhi High Court Upholds Divorce Over Non‑Consummation of Marriage, Says Wife’s Wilful Refusal Is Mental Cruelty

 

The Delhi High Court recently upheld a divorce decree granted by the family court in favor of a husband, finding that the marriage had remained unconsummated from the outset and that the wife’s conduct amounted to mental cruelty. The couple had married on 06.05.2017, but lived together only briefly; from 26.06.2017 onwards, they ceased cohabitating and have remained continuously separated. The family court, after counselling sessions and attempts at conciliation, concluded that the matrimonial relationship had irretrievably broken down.

When the wife challenged the divorce granted under Hindu Marriage Act, 1955 (HMA), alleging that she had always been ready to fulfil marital obligations and that the husband’s family had subjected her to dowry demands and ill‑treatment, the High Court re‑examined the record. The tribunal found that the dowry allegations lacked specificity and corroboration, leading to their rejection. With respect to consummation, the wife’s written statement had used the term “almost consummated,” but the Court observed that this phrase could not be read in isolation. It placed weight on the complete factual backdrop — consistent allegations by the husband of refusal of physical intimacy, the WhatsApp and email communications submitted by him, the testimonies given, and the overall conduct of the parties.

The Court noted that subsequent assertions by the wife claiming there had been cohabitation were insufficient to offset the earlier admissions combined with surrounding circumstances favoring the husband’s version. The fact that the parties remained separated from the very early stage of marriage — despite counselling and attempts at reconciliation — was a material circumstance indicating irreparable breakdown of marital relationship.

On that basis, the High Court dismissed the wife’s appeal and upheld the divorce decree. The judgment underscores that where one spouse persistently refuses physical intimacy and cohabitation without any justified reason, such unconsummation may constitute mental cruelty under the HMA. The Court reaffirmed that long, continuous separation from the inception of marriage, especially in a short‑lived marriage, strongly supports a conclusion that the marriage has failed irretrievably, justifying dissolution.

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