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.