June 8,2018:
Punjab and Haryana HC has expounded 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 HC Bench comprising of Justice MMS Bedi and Justice Hari Pal Verma allowed the petition filed by a Bathinda Woman for dissolution of her marriage.
HC Bench added that,"We find that the claim of Appellant has been wrongly rejected. 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".
Punjab and Haryana HC decision has come about four years after Lower Court turned down her plea stating that 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.
High Court in its judgment stated that 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.
HC stated that Court has to be always cautious before accepting such allegations. The marriage can be dissolved in case it is established by evidence and circumstances that one of the spouses has indulged in unnatural acts.
Woman, a Postgraduate Diploma holder in Computer Application, had married a 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.
She alleged that she was humiliated and harassed by the family members of her husband allegedly over insufficient dowry.
She further alleged that her husband committed forcible sexual acts against her wishes and moods and after taking liquor committed sodomy forcibly.
Read Judgment @LatestLaws.com:
Punjab & Haryana HC order on Forced Sex as Ground of Divorce (Download PDF)
Punjab & Haryana HC Order on Forced Sex as Ground of Divorce by Latest Laws Team on Scribd
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