Forcible Sexual Intercourse

Forcible Sexual Intercourse Is Ground For Divorce: Punjab And Haryana High Court

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‘Forcible sexual intercourse’ and ‘adoption of unnatural means’ which amounts to cruelty, are valid grounds to file for divorce, said the Punjab & Haryana high court.

The decision comes after the court allowed a plea filled by a Bathinda woman after she sought the dissolution of her marriage.

On June 1 the division bench of Justices MMS Bedi & Hari Pal Verma said in the judgment,”Be that as it may, we find that the claim of the appellant has been wrongly rejected. 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”.

In January 2007 the woman had married the Bihar resident and 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 which 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 observed that the nature of the allegations levelled by the woman was very serious.