Forceful sex in marriage ground for divorce: HC

India

08 Jun 2018

Forced sex in marriage is cruelty, ground for divorce: HC

The Punjab and Haryana High Court said forceful sex in marriage amounts to cruelty and could be ground for divorce.

The division bench of justices MMS Bedi and Hari Pal Verma said if circumstances verified one of the spouses indulged in unnatural sex, the marriage can be dissolved.

But, the court observed levelling such allegations was easy but proving them is not.

The case

Husband forced wife for oral sex, she left him

Husband forced wife for oral sex, she left him

The court was hearing a plea of a Punjab woman who married a man from Bihar. She alleged her husband forced her for oral and forcible sex.

She also said her husband used to drink heavily and ask her to join him.

She left the man in 2010 and came to stay with her parents. She had a child with the husband.

Details

Earlier, Punjab court denied woman divorce

The husband approached a court in Bihar for the restoration of conjugal rights. After this, Punjab court had denied the woman divorce and she approached High Court.

Though petitioner alleged torture at hands of her husband (he used to beat her), the claims couldn't be established.

She also said her husband lied about his profession to get dowry and didn't work at an MNC.

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No woman having child will abandon husband, observes court

The HC observed there must have been compelling reasons for a woman having a child to abandon her husband. The court added sometimes medical tests can also not prove such allegations and suggested to be cautious in such cases.

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Bihar

Divorce Laws

Haryana

Punjab

Hari Pal Verma

Haryana High Court

HC

High Court

MMS Bedi

MNC

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