Kochi: The Kerala High Court on Friday delivered a major verdict on marital rape. Justice A. A division bench of Mohammad Mushtaq and Justice Kauser Edappagath described marital rape as a strong ground for claiming divorce. The division bench, while hearing a petition challenging the husband's family court's decision, said there is no provision of punishment for marital rape in India. But even then, it can be the basis for divorce. The Kerala High Court rejected her husband's plea while upholding the family court's decision.
In fact, the husband had approached the High Court for a family court decision. Hearing this, the High Court said that the relationship against the wife's wishes is marital rape. Although there is no provision of punishment in our Constitution for such conduct, it is kept under the purview of mental and physical cruelty. On the basis of which there is a right to seek divorce. A woman fought against her husband's bad behavior for nearly 12 years.
Just a few days ago, in a case of sexual harassment, the Kerala High Court had said that the victim's wrongdoing with Thais was certainly equivalent to rape under Section 375(c) of the IPC. In the case related to 2015, where a class VI student was sexually assaulted by her neighbor.
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