The Kerala HC while dismissing the appeal filed by the appellant Husband held that; although marital rape is not punished under Indian Law; but husband’s Licentious Disposition Disregarding Wife’s Autonomy is Marital Rape and is good ground for divorce.

The present case depicts the story of the struggle of a woman whose cry for the taking divorce was pending in the temple of justice for the last 12 years. She abandoned her right of alimony and maintenance for sake of taking divorce.


According to the Respondent’s wife, her husband was a medical practitioner at the time of marriage. But after some time he started to do the business of Real Estate. For this, he constantly harassed her wife for money.  Her father gave around 77lakhs to him. The most serious allegation levied by the wife was the worst form of sexual perversion and physical harassment. The wife said that the husband forcefully committed sexual acts with her when she was sick, bedridden even on the day of her mother’s death. She was sexually assaulted even in front of her daughter.

Court Held that:

“The body of the wife owes to him” this notion does not exist in the modern jurisprudence of law. Sex is the reflection of intimacy between husband and wife during marriage. All the evidence of this case shows that all the sexual perversion was against her wishes. And these kinds of acts amount to marital rape. Hence a good ground for divorce. Merely the law does not recognize marital rape it does not restrict the court to consider these kinds of acts as cruelty and to grant a divorce on the same basis.


Read more blogs

Leave a Reply

Your email address will not be published. Required fields are marked *

This field is required.

This field is required.


The following disclaimer governs the use of this website (“Website”) and the services provided by the Law offices of Kr. Vivek Tanwar Advocate & Associates in accordance with the laws of India. By accessing or using this Website, you acknowledge and agree to the terms and conditions stated in this disclaimer.

The information provided on this Website is for general informational purposes only and should not be considered as legal advice or relied upon as such. The content of this Website is not intended to create, and receipt of it does not constitute, an attorney-client relationship between you and the Law Firm. Any reliance on the information provided on this Website is done at your own risk.

The Law Firm makes no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, or suitability of the information contained on this Website.

The Law Firm disclaims all liability for any errors or omissions in the content of this Website or for any actions taken in reliance on the information provided herein. The information contained in this website, should not be construed as an act of solicitation of work or advertisement in any manner.