Submit full Hema Committee report: Kerala HC
Court suo motu impleads state women's commission in the case
The Kerala High Court has held that a wife is entitled to divorce if she is subjected to sexual perversions by her husband against her will.
A Division Bench comprising Justice Amit Rawal and Justice C S Sudha held that subjecting the wife to sexual perversions against her will and consent is certainly an act of mental as well as physical cruelty and it was grounds for granting divorce.
The court passed the order in the appeal filed by the appellant-wife
challenging the Family Court’s order dismissing her plea for divorce on the grounds of cruelty and desertion.
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The couple got married on August 23, 2009, and cohabited for 17 days. According to the wife, during her brief period of cohabitation with the husband, he had harassed her both physically and mentally. The husband used to subject her to sexual perversions and forced her to imitate scenes from porn movies.
When she refused to obey his directions, the husband physically assaulted her. He clicked her nude photos on his mobile phone and also caused bite injuries all over her face.
Her lips were wounded when he kissed her. The petitioner refrained from giving a graphic description of the various acts or perversions in the petition to maintain propriety and decorum.
The Division Bench said that the Family Court had given quite a strange reasoning for rejecting the petitioner’s plea for divorce.
According to the Family Court, it was improbable for the respondent to have committed the acts referred to by the petitioner as the couple had cohabited. The court set aside the Family Court’s order and granted divorce.
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