“The respondent (husband) has no right to deprive the petitioner (wife) from physical relations or to suspect her character. It can be safely said that such conduct is more than sufficient which amounts to cruelty,” the court said. It directed the 33-year-old man to pay the woman Rs 3 lakh as permanent alimony.
The couple was in a relationship for about two years before getting married in February 2009. In her petition seeking divorce in February 2012, the woman alleged once the marriage ceremony was over she was shocked to see her in-laws had occupied the room her father had arranged for their first night.
She said the man refused to consummate the marriage under the pretext he was stressed as he had lost his job and was unemployed till October 2009. She added the situation persisted till March 2010.
The woman accused her mother-in-law of abusing and constantly asking her to leave their home. Things became worse after her husband suspected her character.
Despite several notices, the husband failed to appear before the court and in March it decided to proceed ex parte.
And here’s a comment:
Reverse the gender, and it is marital rape.
Reversing the gender would mean the man asks for divorce on grounds of cruelty for denial of sex. – the law does provide that option to men (and women).
Rape means forced sex or ‘sex without consent’. Marital Rape is when a married person rapes their partner.
Asking for divorce is not rape.
Some more comments:
1. Wat happens wen it’s other way around. … Does the law speak the same. …..???
2. If you forcefully try to have sex with your wife, it is marital r@pe. If wife denies sex, you have to obey and keep quiet.
3. What if wife deprives husband from sex than wat is the justice will the wife pays to husband if not she must be jailed for creating unhealthy society and punish for 3 years ….. for the period of desertion due to her and divorce to be granted and the naturally kids custody willbe his no mater minor or major