Krishna and Kajal married each other in 2010. Despite repeated attempts by Krishna to consummate the marriage, the couple failed to do so because of Kajal’s strong resistance.....What are the remedies available under the Hindu Marriage Act, 1955...?

Question: Krishna and Kajal married each other in 2010. Kajal was 16 years old when she got married and Krishna was 25. Despite repeated attempts by Krishna to consummate the marriage with his wife, the couple failed to do so because of Kajal’s strong resistance and unwillingness.

After three years of marriage, Krishna sought termination of the marriage. Medical records revealed that Kajal was a perfectly normal woman biologically and that her resistance to intercourse is only psychological.

What are the remedies available under the Hindu Marriage Act, 1955 if Krishna wants to terminate his marriage with Kajal?

Find the question and answer of Hindu Law only on Legal Bites. [Krishna and Kajal married each other in 2010. Kajal was 16 years old when she got married and Krishna was 25. Despite repeated attempts by Krishna to consummate the marriage with his wife, the couple failed to do so because of Kajal’s strong resistance and unwillingness. After three years of marriage, Krishna sought termination of the marriage. Medical records revealed that Kajal was a perfectly normal woman biologically and that her resistance to intercourse is only psychological. What are the remedies available under the Hindu Marriage Act, 1955 if Krishna wants to terminate his marriage with Kajal?]

Answer

Under the Hindu Marriage Act, 1955, there are several grounds for divorce, and if Krishna wishes to terminate his marriage with Kajal, he can file a petition for divorce under any of these grounds. The grounds for divorce under the Hindu Marriage Act, 1955 are as follows:

1. Adultery

2. Cruelty

3. Desertion

4. Conversion to Another Religion

5. Mental Disorder

6. Venereal Disease

7. Renunciation of the World

8. Presumption of Death

9. Irretrievable Breakdown of Marriage

In this case, the grounds that may be relevant are cruelty and the irretrievable breakdown of the marriage.

Cruelty: Krishna can file for divorce on the grounds of cruelty. The term "cruelty" refers to any act or behaviour by a spouse that causes mental or physical harm or suffering to the other spouse, making it difficult for the spouse to live with the other. In this case, Kajal's unwillingness to consummate the marriage despite repeated attempts by Krishna may be considered an act of cruelty, which has caused mental harm to Krishna.

In the case before the Hon’ble Supreme Court in Vidhya Viswanathan v. Kartik Balakrishnan, AIR 2015 SC 285, it was held that refusal to have sexual intercourse for a considerable period by a wife amounts to mental cruelty. In such cases, Husband is entitled to a decree of divorce.

Irretrievable Breakdown of the Marriage: Krishna can also file for divorce on the grounds of an irretrievable breakdown of the marriage. This means that the marriage has broken down to such an extent that it cannot be restored. In this case, the fact that Kajal is unwilling to consummate the marriage despite being biologically normal may be considered evidence of the breakdown of the marriage beyond repair.

In either case, Krishna will have to prove his case before the court, and the court will consider all the relevant factors before granting the divorce. The Court may also order counselling for the couple before deciding on the matter.

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