Kochi: Marriage rape can be accepted as a basis for divorce by recognizing it as a form of cruelty, the Kerala High Court has been held.
The Supreme Court has been, in 2019, rejected the request to accept marital rape as a basis for divorce.
The High Court made a decision when he heard an appeal submitted by a husband against the divorce given by the family court in 2014.
“Treating his wife’s body as something because of his husband and committing sexual acts of His will is just rape.
The right to respect physical integrity and mental include integrity Body; disrespect or violations of body integrity are violations of individual autonomy …
“said the High Court.
Although such behavior cannot be punished, he fell into the framework of physical and mental cruelty, “said the judge’s distribution bench, Mohamed Mustaque and Kauser Edappgath, referring to the allegations of sex who were unnatural to the husband.
This case involved a doctor who married a daughter of brokers on February 1995.
A car, a flats and 501 sovereign talented gold but husband suffered a big loss in the real-estate business.
The father-in-law has also given the 77 lakh Rs to the man to pay off debts and also the suspicion that he misused gold.
The woman is looking for divorce In 2009.
HC also said uniforms, secular laws about marriage and divorce which made it easier to exercise, the free will to separate hours.
HC said the current laws about divorce limiting individual free will to separate by limiting through the specified land, Like cruelty, adultery, desertion, etc.
“Inner pair per Nikahan has a choice, a choice that does not suffer, namely fundamentals in autonomy guaranteed under natural law and the constitution.
The law cannot force a partner to suffer his desire with divorce rejection, “he said.