‘Forced Sex’ Certainly A Ground To Seek Divorce, Says Punjab & Haryana HC [Read Judgment]

If on appreciation of evidence and nature of the allegations corroborated by other circumstances, it is established that it is probable that one of the spouses has indulged in above said unnatural acts, the marriage can be dissolved by a decree of divorce, the bench said.

The Punjab and Haryana High Court has observed that forced sex can certainly be a ground to seek separation or decree of divorce.

In the divorce petition, the wife had alleged that her husband forced sex against her wishes and moods even during the painful period of menses. She also said her husband persistently committed sodomy and despite her resistance and she was forced to continue with his unnatural behaviour. However, the family court refused divorce.

The high court, while reversing the findings of the family court, observed that there were allegations of demand of dowry, beating, commission of unnatural sex, creating such circumstances that the wife was compelled to leave his place 8 years ago.  It held that the wife suffered both physical as well as mental cruelty.

The court, perusing the records, observed: “The totality of the circumstances available on the record indicate that the appellant has, on account of unbearable circumstances left the matrimonial home. No wife having a child would abandon her matrimonial home if there are no compelling circumstances.”

“The act of sodomy, forcible sexual intercourse and adoption of unnatural means which are forced upon the other spouse and result for unbearable pain to the extent that one is forced to stay away would certainly be a ground to seek separation or decree of divorce,” the bench of Justice MMS Bedi and Justice Hari Pal Verma observed while dissolving a marriage.

The court, also observed that such allegations have to be accepted cautiously. The bench said: “No doubt such allegations are very easy to level and difficult to prove. A Court has always to be cautious before accepting such allegations but at the same time if on appreciation of evidence and nature of the allegations corroborated by other circumstances, it is established that it is probable that one of the spouses has indulged in above said unnatural acts, the marriage can be dissolved by a decree of divorce. It is not that in every case such allegations levelled would be deemed to be true.”