Skip to content
Hindi News, हिंदी समाचार, Samachar, Breaking News, Latest Khabar – Pratirodh

Hindi News, हिंदी समाचार, Samachar, Breaking News, Latest Khabar – Pratirodh

Primary Menu Hindi News, हिंदी समाचार, Samachar, Breaking News, Latest Khabar – Pratirodh

Hindi News, हिंदी समाचार, Samachar, Breaking News, Latest Khabar – Pratirodh

  • Home
  • Newswires
  • Politics & Society
  • The New Feudals
  • World View
  • Arts And Aesthetics
  • For The Record
  • About Us
  • Featured

Marital Rape Good Ground To Claim Divorce: Kerala HC

Aug 7, 2021 | Pratirodh Bureau

Earlier, the family of Ankita, in whose killing Pulkit Arya, the son of now expelled BJP leader Vinod Arya is allegedly involved, refused to perform the last rites, saying they will wait till the final post-mortem report comes (Representational Image)

In a ruling that could have far-reaching implication in divorce cases, the Kerala High Court on Friday held that marital rape can be a good ground to claim divorce.

The verdict by a division bench of Justices A. Muhamed Mustaque and K. Edappagath came as it turned down an appeal filed by the husband challenging the judgement of a family court granting divorce on the ground of cruelty and dismissal of a petition for restitution of conjugal rights.

While the family court, granting divorce, pointed out that the husband often sought financial assistance from his father-in-law, besides physically and mentally abusing his wife, the High Court went a step further.

It ruled that “a husband’s licentious disposition disregarding the autonomy of the wife is a marital rape, albeit such conduct cannot be penalised, it falls in the frame of physical and mental cruelty… Merely for the reason that the law does not recognise marital rape under penal law, it does not inhibit the court from recognising the same as a form of cruelty to grant divorce. We, therefore, are of the view that marital rape is a good ground to claim divorce”.

The bench also pointed out that while marital rape is not a criminal offence under Indian law, it amounts to cruelty and can, therefore, entitle a wife to divorce.

It also noted that the “insatiable urge for wealth and sex” of the husband had forced the respondent to take a decision for divorce.

“The appellant’s licentious and profligate conduct cannot be considered as part of normal conjugal life. Therefore, we have no difficulty in holding that insatiable urge for wealth and sex of a spouse would also amount to cruelty,” the court ruled, as it upheld the divorce granted by the family court.

 

 

Tags: divorce, Kerala High Court, marital rape, Pratirodh, women's sexual rights, women’s rights

Continue Reading

Previous Thousands More Flee Fires In Greece Amid Heatwave
Next Taliban Kill Afghan Media Chief In Ambush

More Stories

  • Featured

‘Callous’ Budget, Hopes Of Majority Betrayed: Chidambaram

1 hour ago Pratirodh Bureau
  • Featured

Kerala College Students Break Taboo Around Sex Education

5 hours ago Pratirodh Bureau
  • Featured

Earth Likely To Cross 1.5-Degree Warming In Next Decade: AI Study

11 hours ago Pratirodh Bureau

Recent Posts

  • ‘Callous’ Budget, Hopes Of Majority Betrayed: Chidambaram
  • Kerala College Students Break Taboo Around Sex Education
  • Earth Likely To Cross 1.5-Degree Warming In Next Decade: AI Study
  • Covid-19 Remains ‘Global Health Emergency’, Says WHO
  • Working With Natural Materials To Add To The Sustainable Energy Mix
  • Gandhi’s Image Is Under Scrutiny 75 Years After His Assassination
  • Of India’s Online Schooling Emergency And The Lessons Unlearned
  • Opinion: India Raises The Heat On The Indus Waters Treaty
  • Hundreds Join Wangchuk On Final Day Of His Hunger Strike
  • ‘Fraud Cannot Be Obfuscated By Nationalism’
  • Doomsday Clock Is At 90 Secs To Midnight
  • Human Activity Degraded Over 3rd Of Amazon Forest: Study
  • Kashmir’s Nourishing Karewas Crumble Under Infrastructure Burden
  • Sprawling Kolkata Faced With A Tall Order For A Sustainable Future
  • Indian Economy Yet To Revive From Effects Of Pandemic: CPI (M)
  • New Pipelines Will Fragment Assam’s Protected Forests: Environmentalists
  • The Role Of Urban Foraging In Building Climate-Resilient Food Systems
  • Now, A ‘Private’ Sainik School Linked To RSS?
  • About 3,000 Tech Employees Being Fired A Day On Average In Jan
  • War Veteran Doctor, ‘Rasna’ Creator Are Among Padma Awardees

Search

Main Links

  • Home
  • Newswires
  • Politics & Society
  • The New Feudals
  • World View
  • Arts And Aesthetics
  • For The Record
  • About Us

Related Stroy

  • Featured

‘Callous’ Budget, Hopes Of Majority Betrayed: Chidambaram

1 hour ago Pratirodh Bureau
  • Featured

Kerala College Students Break Taboo Around Sex Education

5 hours ago Pratirodh Bureau
  • Featured

Earth Likely To Cross 1.5-Degree Warming In Next Decade: AI Study

11 hours ago Pratirodh Bureau
  • Featured

Covid-19 Remains ‘Global Health Emergency’, Says WHO

12 hours ago Pratirodh Bureau
  • Featured

Working With Natural Materials To Add To The Sustainable Energy Mix

1 day ago Pratirodh Bureau

Recent Posts

  • ‘Callous’ Budget, Hopes Of Majority Betrayed: Chidambaram
  • Kerala College Students Break Taboo Around Sex Education
  • Earth Likely To Cross 1.5-Degree Warming In Next Decade: AI Study
  • Covid-19 Remains ‘Global Health Emergency’, Says WHO
  • Working With Natural Materials To Add To The Sustainable Energy Mix
Copyright © All rights reserved. | CoverNews by AF themes.