New Delhi, Apr 19: The Delhi High Court on Monday refused to set aside the order passed by the trial court dismissing the mutual divorce petition filed within one year of marriage.
The division bench of acting Chief Justice Vipin Sanghi and Justice Jasmeet Singh observed in the order, “We are of the view, that though denial of conjugal relationship is a ground for divorce, and tantamount to cruelty, the same cannot be said to amount to “exceptional hardship”.
The bench further observed, “The exception of “exceptional hardship” or “exceptional depravity” would be attracted in extenuating circumstances, and is not intended to mean, or be treated, on the same line as cruelty simpliciter.”
The petitioners had moved the trial court for divorce on the ground of denial of conjugal relationship by both the parties.
The High court rejected the submissions of the parties that the denial of conjugal relations is such that it causes “exceptional hardship or exceptional depravity” to either or both of them.
