Marital rape is sufficient reason to seek divorce, a Kerala Supreme Court chamber said.
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In a ruling, a Kerala Supreme Court chamber said that marital rape was a good reason for divorce.
The court said in its ruling: “A husband’s extravagant disposition that disregards the wife’s autonomy is marital rape, although such behavior cannot be punished and falls within the framework of physical and mental cruelty. Marital rape is alien to our criminal justice system. “
The court said in its ruling that it was nothing but marital rape to owe the wife’s body as something to her husband and to commit a sexual act against her will, the order said.
“The right to respect one’s physical and mental integrity includes physical integrity. Any disregard or violation of physical integrity is a violation of individual autonomy. “
The court order states: “Just because the law does not recognize marital rape as a criminal offense, it does not prevent the court from recognizing divorce as a form of cruelty.”
The Chamber of Justice A Muhammad Mushtaq and Judge Kauser Edappagath have passed this significant judgment on an appeal against a family court divorce decree.
The order states: “The present case shows the story of a woman’s struggle in the clutches of the law to give priority to the choice of“ not suffering ”in bondage to a legal bond. An insatiable urge for wealth and sex from a husband had driven a woman into distress. In her desperation to get a divorce, she has given up and given up on all of her monetary claims. Your cry for divorce has continued in the Temple of Justice for more than a decade (12 years). “
The order added, “She is still waiting for one final bell to answer her prayers and to cry. She is unable to digest the delay associated with responding to a separation request. Maybe we are responsible for her tears. We see that this is not an isolated case. ”Example. Day after day we see many, many like her. Your whimpering touches our conscience.
The family court found that the husband treated the wife like a money-minting machine. The court also found that the victim tolerated harassment for the sake of marriage and chose to file for divorce when the harassment and cruelty reached levels beyond tolerance.
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