If a husband comes home late in an inebriated condition and forcibly establishes physical relations with wife without her consent is not routine wear and tear of marriage but it amounts to mental cruelty to the woman and can be a ground for granting divorce, the family court has ruled and granted divorce to a couple who were married for a year in 2010.
"A husband who comes very late in an intoxicated condition and performs physical relations as per his whims and against her consent is not entitled to say that it is just routine wear and tear of the marriage," the court observed.
As per the divorce petition filed by the woman, few months into the marriage it was alleged that the husband used to return home very late under the influence of liquor every day. "He used to fight, beat the petitioner (woman) without her fault. Under the intoxicated condition he used to perform physical relations with her, actually he was committing rape upon her," the petition stated.
"The husband started demanding money from her parents and torturing her. She was unable to fulfil his illegal demand of money. Therefore, the respondent (husband) used to beat her, abused her in filthy language."
The woman was thereafter driven out of the matrimonial house in 2010 and since then she is staying with her parents. She also moved the family court seeking divorce.
The husband filed his reply before the court denying all the allegations and claimed that he was willing to cohabit with the woman and it was she who is staying away.
Further, the husband claimed that the woman had not filed any complaints with the police to support her allegations.
After going through the statements of both the parties, the court observed, "Admittedly, the purpose of marriage is to grant the permission to the spouses for conducting physical relations, but they must have to perform it in a human manner. Forcefully establishing physical relation in an inebriated condition amounts to mental cruelty to the spouse"
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