- LATEST
- WEBSTORY
- TRENDING
INDIA
Marital rape good ground to claim divorce, says Kerala HC in landmark judgment
The bench also pointed out that even though marital rape is not a criminal offence under Indian law, it amounts to cruelty.
Updated : Aug 07, 2021, 11:35 AM IST | Edited by : Riddhima Kanetkar
 "Marital rape good ground to claim divorce, says Kerala HC in landmark judgment")
TRENDING NOW
)
Vikrant Massey breaks silence on his 'retirement' announcement, says his post was misread: 'I'm not...'
)
'My life is not fairytale...': Aishwarya Rai's statement goes viral amid divorce rumours with Abhishek Bachchan
)
Revealed! Here's why Vikrant Massey decided to retire from acting, insider says 'his fear is that...'
)
Meet woman, daughter-in-law of one of India's richest businessmen, not Shloka Mehta, Radhika Merchant, she is...
)
Despite getting married to Sobhita Dhulipala, Naga Chaitanya retains romantic poster with ex-wife Samantha Ruth Prabhu
)
Bigg Boss 18 wild card contestants Yamini Malhotra, Edin Rose, Aditi Mistry's bold pictures go viral; SEE pics
)
Amid Abhishek Bachchan and Aishwarya Rai divorce rumours, Amitabh Bachchan talks about pain, sorrow: 'I knew that...'
)
Kareena Kapoor rolls her eyes at Abhishek Bachchan at an event in viral video, netizens say 'this is curse of...'
)
Bryan Johnson, age-reversing millionaire, visits Mukesh Ambani's Antilia, shares pic with Shloka Mehta
)
Watch: Sachin Tendulkar reunites with childhood friend Vinod Kambli, netizens say, 'how life...'
)
Meet man who manages more wealth than Elon Musk, Jeff Bezos, Bill Gates, can buy many countries, his net worth is...
)
Sobhita Dhulipala to continue working in films after marriage? Naga Chaitanya says 'Like every Telugu household...'
)
After confirming his break up with Malaika Arora, Arjun Kapoor admits to texting his ex at 3 am: 'Jo bol raha hai..'
)
Who is Maryam Faisal? Pakistani TikToker whose alleged MMS leaked after Kanwal Aftab, Minahil Malik, Imsha Rehman
)
Comedian Sunil Pal found safe after his wife reported him missing in police complaint
Marital rape can be a good ground to claim divorce ruled Kerala High Court on Friday. This groundbreaking ruling could have far-reaching implications in a divorce case. The verdict was passed by a division bench of Justices A Muhamed Mustaque and K Edappagath. It turned down an appeal filed by the husband challenging a judgment of a family court granting divorce on the grounds of cruelty and dismissal of a petition for restitution of conjugal rights.
While granting the divorce the family court pointed out that the husband often sought financial assistance from his father-in-law besides physically and mentally abusing his wife. The Kerala High Court went one step forward.
It ruled that "a husband's licentious disposition disregarding the autonomy of the wife is a marital rape, albeit such conduct cannot be penalised, it falls in the frame of physical and mental cruelty... Merely for the reason that the law does not recognise marital rape under penal law, it does not inhibit the court from recognising the same as a form of cruelty to grant a divorce. We, therefore, are of the view that marital rape is a good ground to claim divorce".
In its verdict, the bench also pointed out that even though marital rape is not a criminal offence under Indian law, it amounts to cruelty and can, therefore, be grounds for a divorce.
It also noted that the "insatiable urge for wealth and sex" of the husband had forced the respondent to take a decision for divorce.
"The appellant's licentious and profligate conduct cannot be considered as part of normal conjugal life. Therefore, we have no difficulty in holding that insatiable urge for wealth and sex of a spouse would also amount to cruelty," the court ruled as it upheld the divorce granted by the family court.
