Denial of Cohabitation and False Criminal Case Constitute Matrimonial Cruelty: Rajasthan High Court

A husband's appeal after the Family Court refused divorce despite prolonged separation, denial of cohabitation and his acquittal in a dowry-cruelty prosecution

The parties married in 2004. The husband alleged threats of suicide, threats of criminal proceedings and cruelty toward his family. He was ultimately acquitted in the case filed under Section 498-A IPC.

Issue and applicable law

The central question was a husband's appeal after the Family Court refused divorce despite prolonged separation, denial of cohabitation and his acquittal in a dowry-cruelty prosecution.

The Court relied on Supreme Court principles in Rakesh Raman v. Kavita and Narasimha Sastry v. Suneela Rani. It considered forced continuation of a completely broken relationship capable of causing cruelty to both spouses.

Court's reasoning

The Court held that the wife's sustained denial of cohabitation and institution of a false criminal case amounted to cruelty. Its principal reason was that the parties had effectively lived apart since 2010, cohabitation was allegedly denied from 2005, and there was no realistic prospect of reunion after twenty-two years of marriage.

Decision and practical effect

The Family Court order was set aside and the marriage was dissolved by a decree of divorce.

The ruling is significant because it clarifies how the stated legal standard should be applied to comparable disputes without extending the decision beyond the facts reported by the source.

Case details

• Case: M v. S
• Court: Rajasthan High Court
• Case number or citation: 2026 LiveLaw (Raj) 373
• Judges: Justice Inderjeet Singh and Justice Sandeep Taneja
• Source: https://www.livelaw.in/high-court/rajasthan-high-court/rajasthan-high-court-holds-denial-cohabitation-false-498a-case-against-husband-549298