Can Sexless Marriage Be Grounds For Divorce In India?

Sex is an essential component of a close relationship between couples in a marriage. A marriage that lacks sexual intimacy is called a sexless marriage.

It is critical to realize that a brief break from sexual activity does not equate to a sexless marriage. Rather, there must have been no sexual activity for at least a year.  A potential cause of sexless marriage can result from several factors, such as health problems, emotional distance, and communication difficulties.

Examining the social and psychological viewpoints around sexless marriages demonstrates the factors influencing these partnerships. In addition to psychological elements like stress, mental health issues, and individual variations in sexual appetites, societal standards, cultural expectations, and gender roles also play a part in the complexity of these relationships.

Couples must comprehend these viewpoints including dissatisfaction with sexual life, impotency, and infertility to facilitate possible solutions for a more satisfying relationship while handling the complexities of a sexless marriage. This article discusses in detail the causes, challenges, and legal aspects of sexless marriage and divorce.

Can Sexless Marriage Be Grounds for Divorce in India?

In Indian society, the failure of a marriage is often seen as taboo, as marriage is traditionally viewed as a lifelong commitment. However, modern realities like sexless marriages raise important legal and emotional concerns.

While sexless marriage is not explicitly listed as a ground for divorce under Indian law, it can be considered under broader categories such as mental cruelty, impotence, or other valid legal grounds. Indian courts have consistently held that denying a spouse sexual relations for a prolonged period without sufficient reason amounts to mental cruelty, which is a recognized ground for divorce under Section 13 of the Hindu Marriage Act, 1955.

Additionally, impotence is a legitimate ground for annulment under Section 12 of the Hindu Marriage Act, and is often one of the underlying causes of a sexless marriage. A marriage may be declared voidable if either spouse is found to be impotent at the time of marriage and remains so.

As societal views evolve, it is essential to consult a qualified legal professional to understand the laws applicable to your specific circumstances and determine the appropriate legal remedy.

Is Proof of Impotency Required for Annulment in India?

In many countries, including India, impotence is seen as a legitimate cause for ending a marriage, making it a vital element in divorce proceedings. According to Section 12 of the Hindu Marriage Act of 1955 if impotency is proven then without a doubt divorce is provided to the couple.

There are two categories of impotency: mental and physical

When a person has a physical deformity that prevents them from fulfilling their marital commitments, such as a small vagina or an oversized male organ, it is known as physical impotence. Conversely, moral or psychological aversions to sexual activity prevent a person from consummating a marriage and lead to mental or psychological impotence.

The only exception is if the impotence is treatable; in those circumstances, the victim cannot take legal action.

Proof of impotency can be established through medical examination, the conduct of the parties post-marriage, or the uncorroborated testimony of the petitioner if deemed plausible. 

Remember refusing sexual intercourse alone does not signify impotency; consistent refusal coupled with an unwillingness to undergo a medical examination can, however, indicate impotency.

Legal Challenges Faced by Individuals Seeking Divorce on These Grounds

Individuals who file for divorce on the grounds of a sexless marriage may face several legal obstacles along the way. To effectively navigate these legal hurdles, one must have a comprehensive awareness of the relevant legislation in the jurisdiction, seek legal advice from professionals, and submit evidence of a sexless marriage with care.

The following are a few possible legal challenges:

• Burden of Proof: It might be difficult to prove a sexless marriage because it sometimes necessitates proof of the absence of sexual closeness. Courts could need strong evidence to support the assertion.
• Subjectivity of Sexual Satisfaction: It can be difficult to define what makes a marriage sexless. Different people could have different ideas on what constitutes a pleasant sexual relationship.
• Consideration of Other Grounds: In addition to sexlessness, courts may consider other grounds for divorce, such as cruelty, mental health problems, or an irreversible disintegration of the marriage.
• Mediation and Counseling Requirements: Certain legal jurisdictions require mediation or counseling before issuing a divorce decree. This might slow down the process and force couples to look into possibilities for reconciliation.
• Public Policy Considerations: Given the possible influence on society's norms and values, courts might be hesitant to give divorces based only on sexless marriages.
• Social Stigma: When someone files for divorce due to a lack of sexual intimacy, they may come under social scrutiny, which can complicate the legal process emotionally and psychologically.
• Privacy Issues: Privacy concerns may arise for individuals undergoing a sexless marital divorce while discussing personal information in a public courtroom.

Landmark Court Ruling on Sexless Marriage

In a significant ruling in July 2023, the Delhi High Court held that depriving a spouse of sexual relations for an extended period without any justification amounts to mental cruelty, which is a valid ground for divorce under Indian law.

In this case, a husband sought divorce after his wife refused sexual relations for 4.5 years. The court observed that the wife's behavior was not contested or explained during proceedings. As a result, the court granted a divorce decree, stating that the husband's claims were credible and unrefuted.

The bench of Justices Pradeep Nandrajog and Pratibha Rani remarked:

We believe that the husband has sufficiently demonstrated his efforts. Although living under the same roof, the wife mentally mistreated him by refusing to have sex without offering any explanation, despite having no physical incapacity. [Source]

This was not the first time the Delhi High Court addressed such issues. In a 2012 judgment, the court ruled in favor of a husband whose wife denied him sex even on the wedding night. Justice S.N. Dhingra held that such denial amounted to cruelty, thereby justifying a decree of divorce.

While recognizing that the importance of sexual intimacy may vary across couples, the courts emphasized that persistent denial of sex, without valid reasons, can cause mental agony and strain the marital bond—thus qualifying as mental cruelty.

The court also clarified that while not every sexless marriage warrants annulment or divorce, an unconsummated marriage may be declared voidable if a spouse files a legal petition citing valid grounds such as impotency or cruelty.

Famous Cases

Some of the notable cases related to divorce due to Sexless Marriages are as follows:

Case 1:

The Nagpur Family Court came to the aid of a laborer living in the city and awarded him a divorce in May 2016 based on mental cruelty. However, the court noted concisely that his wife had abandoned him, forcing him to live a life devoid of sexual relations for years.

It has come to light that the wife mentally abused her spouse. Judge Subhash Kafre stated, "She left the petitioner's company in April 2007 and forced him to live a sexless life for years together.

The court also criticized the wife for leveling baseless charges against her husband without offering sufficient and convincing proof to support them. "She accused him of being abducted, among other baseless, offensive, and defamatory claims.

After filing a fake report of kidnapping, the spouse was detained for 14 days before being freed due to a lack of proof. He was in mental pain as a result of her concerns. Hence, the court decided to accept the man's request for a divorce but rejected the fictitious accusations brought by her.

Case 2: Murikinati Sahitya Reddy vs Sura Rajasekhara Reddy

In the Andhra Pradesh High Court, the petitioner attempted to proclaim the respondent's impotence as the reason to nullify their marriage.

The respondent's admission of impotence caused issues for the petitioner and respondent, who have been married since December 14, 2018. Due to the petitioner's failure to complete the one-year separation criteria, the mutual divorce application was denied.

The petitioner relocated to Germany in search of employment. Under Section 12(a) of the Hindu Marriage Act, the petitioner filed F.C.O.P. No.11 of 2022, claiming nullity.

Citing noncompliance with statutory criteria, the Family Court dismissed it. Relevant evidence was the petitioner's uncontested and acknowledged proof of the respondent's impotence. The earlier ruling was set aside by the appeal, which authorized a divorce order.

Conclusion

Navigating a sexless marriage is undoubtedly a complex and challenging journey for any couple. The decision to pursue a divorce due to this particular issue is deeply personal and often reflective of a broader array of underlying concerns.

It is crucial for individuals facing such a predicament to prioritize open communication, seek professional guidance, and explore all possible avenues for resolution before reaching a definitive conclusion.