Subjecting wife to sexual perversions is cruelty: High Court
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Kochi: Subjecting one's wife to sexual perversions against her will or consent is physical and mental cruelty, the Kerala High Court ruled. It also said that perceptions of sexual perversions vary among people, and therefore, the court will not intervene in instances where consenting adults engage in sexual acts out of their free will, Live Law reported.
The court made the observation on a plea filed by a wife against her husband alleging cruelty and desertion.
The wife had approached a family court, alleging the same and demanding divorce, in 2014. In 2017, the husband filed a petition seeking restoration of conjugal rights. The family court dismissed the wife's petition and allowed the husband's, restoring conjugal rights. That is when the wife approached the Supreme Court.
The wife submitted before the court that she got married to the respondent- husband- in 2009 and left for employment abroad. When they were together, the husband subjected her to sexual perversions, causing her mental and physical agony. The husband assaulted her if she refused his demands, she alleged.
Also, after her husband went abroad, her inlaws forced her to leave her matrimonial home, she said, adding that the husband never contacted, cared or maintained her after and until she approached the court for divorce and maintenance.
However, the respondent denied all allegations outright. He also told the court that the current allegations were not raised in the earlier petitions filed. He added that the allegations were made up to get the divorce.