Married in 1968, the couple in question had what appeared to be a fruitful marriage, having had a son and two daughters, Money Today reported.
Then, the sexual relationship between the couple began to deteriorate in the 1980s. The husband initially suffered an inflammation of the prostate, a condition which developed into cancer when he hit his 70s. He underwent surgery in 2007.
However, sources testified that this was not the only reason why the couple stopped having sex for 23 years. He would often beat his wife, once so badly she ended up with a concussion, they said.
Not able to bear the verbal and physical violence, the woman said she left home in 2004 after a quarrel and decided to file for a divorce after more than 40 years of marriage.
In a ruling, a lower court granted a divorce on grounds of the marriage being sexless and the husband instigating verbal and physical violence. He was ordered to pay alimony.
However, the news report said, the appellate court overturned the ruling, saying the loss of sexual drive is not uncommon among older couples.
"The husband was nearly 50 when the couple stopped having a normal sex life and it must be considered that he was suffering from prostate cancer," the judge said.
Pointing out that a lack of sex cannot be seen as the failure of a marriage, the judge also said there were inconsistencies in the wife's testimony concerning the alleged verbal and physical abuse.