The bench said, “Under the penal code, marital rape is not recognised by law, only this reason does not prevent the court from considering it as cruelty as a basis for divorce.”
Cochin| At a time when the society refuses to acknowledge the marital rape as a crime, a ruling by Kerala HC comes as a guiding light. The Kerala High Court has said that considering the wife’s body as one’s property and having sex against her will is marital rape. The court made the remarks while dismissing two appeals of a person challenging the family court’s decision to grant a divorce.
A bench of Justices Mohammad Mustaq and Kauser Adappagath said that marriage and divorce should be under secular law and it was time to re-enact the country’s marriage law. The bench said, “Under the penal code, marital rape is not recognised by law, only this reason does not prevent the court from considering it as cruelty as a basis for divorce. Therefore, we believe that marital rape is a solid ground for claiming divorce. ”
Also Read: “Will You Marry Her?” CJI Asks Government Employee Accused Of Rape
Though marital rape cannot be penalised it is a valid ground to claim divorce: Kerala High Court [Read Judgment] #MaritalRape #Divorce #KeralaHighCourt
Read Judgment – https://t.co/3kMU6cxU6D pic.twitter.com/0XcY99WjHB
— Bar & Bench (@barandbench) August 7, 2021
The court rejected the husband’s appeal against the decision of the family court accepting the divorce petition on the ground of cruelty. The court also rejected another petition by the husband seeking marital rights. The court said in its July 30 order,
“Considering the wife’s body as one’s property and having sex against her will is marital rape.”
– Kerala High Court
The couple were married in 1995 and have two children. The court said that the doctor husband by profession had taken 501 gold coins, a car and a flat from his wife’s father at the time of marriage. The Family Court found that the husband treated his wife like a money-making machine and the wife endured harassment for the sake of marriage, but when the harassment and cruelty became unbearable, she decided to file for divorce.
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