HC: Marriage without sex ‘insipid’ relation; divorce rate due to sexual incompatibility

“The sanctity of sexual relationship and its role in reinvigorating the bond of marriage is getting diluted and as a consequence more and more couples are seeking divorce due to sexual incompatibility and absence of sexual satisfaction,” noted Justice Kailash Gambhir,while adjudicating an appeal against a divorce decree.

The decree was granted in favour of a man,who had alleged that his wife was not interested in having a normal sexual relationship with him and denied sex to him even on the first night of their marriage.

“In the span of one year and two months of the married life,the couple had sex only for about 10-15 times. Also denial by the woman for sexual relationship on the very first night of the marriage is a grave act of cruelty as healthy sexual relationship is one of the basic ingredients of a happy marriage,” contended the husband,adding she had also refused to participate in various traditional ceremonies.

As the trial court accepted his contentions and passed a divorce decree,the woman had moved the High Court,challenging this order.

Finding substantial reasons to uphold this verdict,Justice Gambhir cited several judicial pronouncements on the issue and underlined that it was a settled proposition that sex is the foundation of marriage and that willful denial of sexual intercourse without reasonable cause would amount to cruelty.

“Indisputably,there has to be a healthy sexual relationship between a normal couple but what is normal cannot be put down in black and white. Although it is difficult to exactly lay down as to how many times any healthy couple should have sexual intercourse in a particular period of time as it is not a mechanical but a mutual act,however,there cannot be any two ways about the fact that marriage without sex will be an insipid relation,” said Justice Gambhir.

The court also noted that the frequency of sex cannot be the only parameter to assess the success or failure of a marriage because it will vary from one couple to another and also that there may not be a sexual compatibility from the inception of the relationship but hold it was unequivocal that “marriage without sex will be anathema.”

Quoting a bible verse,Justice Gambhir further said: “That the twain shall become one flesh,so that they are no more twain but one is the real purpose of marriage and sexual intercourse is a means,and an integral one of achieving this oneness in marriage.”