The Kerala High Court on Tuesday said that a wife is entitled to divorce if she is subjected to sexual perversions by her husband against will.
It also clarified that perceptions of people vary on sexual perversion and if consenting adults engage in sexual acts out of their free will and consent, it would be their choice and the courts would not intervene. The court made it clear that subjecting a wife to sexual perversions against her will and consent would amount to physical and mental cruelty.
The Division Bench comprising Justice Amit Rawal and Justice C S Sudha made the observations.
The court passed the above order in two matrimonial appeals filed by the appellant-wife against the respondent-husband alleging cruelty and desertion.
The wife had initially approached the Family Court for divorce alleging cruelty and desertion in 2014. The husband filed a petition seeking restitution of conjugal rights in 2017. The Family Court dismissed the divorce petition and allowed for the restitution of conjugal rights. Aggrieved by this, she approached the High Court.
The couple got married in 2009 and after 17 days, the husband left for employment abroad. The wife alleged that the husband had physically and mentally harassed her during their cohabitation. It was also alleged that he would subject her to sexual perversions and would physically assault her for failing to obey his demands. After the husband left for employment abroad, the wife alleged that the in-laws sent her out of her matrimonial home. She also alleged that the husband never contacted or cared to maintain her until she approached the court for divorce and maintenance.
On the other hand, the respondent denied all allegations of sexual abuse, physical and mental cruelty and sought restitution of conjugal rights. It was also submitted that no such allegations were raised in the earlier petitions filed for maintenance or return of gold ornaments. Thus, the respondent argued that such allegations were made up only for seeking divorce.
The court took serious note of the allegations raised by the appellant against the respondent. “It is true that in the petition the torrid details of the sexual perversions have not been referred to. However, it is quite clearly pleaded that the respondent had subjected her to sexual perversions,” the court stated.
The court also stated that the questions asked in the cross-examination to the appellant regarding the sexual perversions committed by the respondent were totally unnecessary. The court held that it has complete dominion to forbid unwarranted and indecent questions asked to insult or annoy the appellant. The court also noted that the appellant did not have to describe details of sexual perversions in earlier cases filed for return of ornaments or maintenance.
The court found that the sexual acts were committed by the respondent against the consent and will of the appellant. It held that since the sexual acts had caused the appellant misery and agony, it would amount to physical and mental cruelty. It noted that even if there was no sufficient evidence to prove allegations of desertion, divorce could be granted since the appellant was subjected to sexual perversions against her will.
Accordingly, the court allowed the matrimonial appeals and dissolved their marriage.
(With LiveLaw inputs.)
