Updated 6:05 am, Aug 17, 2018

‘Forcible sex’ in marriage ground for divorce, rules Punjab and Haryana High Court || SNE ||

By  http://indianexpress.com .
Jun 08, 2018

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The Punjab and Haryana High Court has held that “forcible sexual intercourse” in a marriage and “adoption of unnatural means which are forced upon the other spouse” are valid grounds to seek a divorce.

The Punjab and Haryana High Court has held that “forcible sexual intercourse” in a marriage and “adoption of unnatural means which are forced upon the other spouse” are valid grounds to seek a divorce while allowing a plea filed by a Bathinda woman for dissolution of her marriage.

Almost four years after the lower court turned down her plea saying it was for her to establish that her husband had committed oral and unnatural sex against her, and ruling that there was no medical evidence for it, the High Court in the judgment said the nature of allegations was very serious but same cannot be proved by any corroborative evidence as “the acts of sodomy or unnatural sex or oral sex forcibly committed during difficult periods” can neither be witnessed by any other person or proven by medical evidence.

“We find that the claim of the appellant has been wrongly rejected. The act of sodomy, forcible sexual intercourse, and adoption of unnatural means which are forced upon the other spouse and result in unbearable pain to the extent that one is forced to stay away would certainly be a ground to seek separation or decree of divorce,” the division bench of Justices M M S Bedi and Hari Pal Verma said in the judgment passed on June 01.

Observing that a court has to be always cautious before accepting such allegations, the division bench said the marriage can be dissolved in case it is established by evidence and circumstances that one of the spouses has indulged in unnatural acts.

“It is not that in every case such allegations leveled would be deemed to be true. In the present case, there are allegations of demand of dowry, beating, the commission of unnatural sex, creating such circumstances that the appellant was compelled to leave Bihar eight years back,” the judgment reads, adding the wife had been treated with the cruelty of both physical and mental nature by her husband.

The woman, a postgraduate diploma holder in Computer Application, had married the Bihar resident in 2007 and had a male child after her wedding. A sum of four lakh rupees was spent on the marriage and dowry had also been allegedly paid. According to the woman’s plea, her family had been told that the man is an engineer in a private company but it later turned out to be a false claim.

Alleging that she was humiliated and harassed by the family members of her husband allegedly over insufficient dowry, the woman had told the court that her husband “committed forcible sexual acts against her wishes and moods” and “after taking liquor committed sodomy forcibly”.

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