Courts cannot delve into the private moments of couples unless there is evidence of extreme cruelty.

The Allahabad High Court recently stated that the behavior of a married couple in their private relationship is not subject to the court's jurisdiction. A Division Bench comprising of Justice Saumitra Dayal Singh and Justice Donadi Ramesh observed this while handling an appeal brought forth by a woman challenging the divorce granted in the case initiated by her husband. The Bench emphasized the importance of couples addressing any differences in preferences during intimate moments between the husband and wife without involving the Court. The Court expressed that within a marriage, personal likes, preferences, habits, and desires that entail intimate moments are not the court's concern unless they cross into extreme cruelty or depravity. The comments were made in the context of alleged cruelty cited by the husband as a reason for divorce. The couple tied the knot in 1999 and, after only 11 months, the husband decided to file for divorce. In 2015, a family court decision was made in favor of the husband. Challenging the divorce, the wife's counsel argued that the husband's request for dissolution of marriage was not valid as it was filed within one year from the date of marriage. The High Court has confirmed that filing for divorce within a year of marriage is not allowed according to the Hindu Marriage Act. In a comprehensive assessment of the provision, it becomes evident that a party to a Hindu marriage may not have grounds to dissolve it within the initial year, unless circumstances of 'extreme hardship' or 'extreme depravity' are present for the petitioner. Excluding those two possibilities, no other circumstance exists.