Forcible sex, unnatural sex good reason for divorce: Punjab & Haryana High Court

Punjab and Haryana High Court

The Hush Post:  Forcible sex and unnatural intercourse is a good reason to seek divorce. The Punjab and Haryana high court has held that “forcible sexual intercourse” and “adoption of unnatural means” are sufficient grounds for divorce.

The high court permitted a Bathinda woman’s plea for dissolving her nuptial knot, four years after the lower court had turned it down. The lower court had said it was incumbent on her to establish that her husband had committed oral and unnatural sex against her.

“Be that as it may, we find that the claim of the appellant has been wrongly rejected,” the division bench of Justices MMS Bedi and Hari Pal Verma said in a recent judgment.

“The 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,” it said.

The woman had married a Bihar resident in January 2007. She also had a child with him. According to the woman’s plea, her family had even given dowry. The woman’s family had been told that the man was an engineer with a private company, a claim which the petitioner alleged turned out to be false. The woman alleged that for fulfilling his lust, her husband often beat her up and adopted “unnatural means”. In its judgment, the court said that the kind of allegations levelled by the woman was of serious nature.

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