Kochi: In a decision that can have extensive implications in divorce cases, the Kerala High Court on Friday argues that marriage rape can be a good basis for claiming divorce.
The verdict by the Division of the Division of Muhammad Muhamed and K Edappgath came when it refused the appeal submitted by the husband who challenged the judgment of the family court who gave a divorce about the ownership and dismissal of the petition for the restitution of conjugal rights.
While the family court, divorce, shows that the husband often seek financial assistance from father-in-law other than physically and mentally misusing his wife, the High Court goes further.
They decided that “the disposition of husband’s characteristics of ignoring wife’s autonomy is a marital rape, even though such behavior cannot be punished, falling in the framework of physical and mental cruelty …
only by the reason that the law does not recognize the marriage of rape under a criminal law, it is not Inhibiting the court to acknowledge the same thing with the form of atrocities to give divorce.
We, therefore, is the view that the rape of a good marriage to claim divorce “.
The bench also shows that while marital rape is not a criminal act under Indian law, it means cruelty and can, therefore, has the right to a wife to divorce.
Also note that “an insignificant encouragement for wealth and sex” from the husband has forced respondents to make decisions for divorce.
“The supervisor and waste behavior cannot be considered as part of a normal conjugal life.
Therefore, we have no difficulty in holding an insatable impulse for the wealth and gender of the couple will also amount to atrocities,” the court decided to uphold the divorce.
given by a family court.