Wife watching porn, masturbating not grounds for divorce! Why court ruled this
A court has ruled that a husband cannot seek divorce merely because his wife watches porn or engages in self-pleasure, stating that such private activities do not amount to marital cruelty under the Hindu Marriage Act.
FollowIn a landmark ruling, the Madras High Court has held that a husband cannot seek divorce merely on the grounds that his wife watches pornography or engages in self-pleasure. The court emphasized that such private activities do not constitute marital cruelty under the Hindu Marriage Act.
A division bench comprising Justices GR Swaminathan and R Poornima ruled that while watching pornography may not be morally justifiable due to its degrading portrayal of women, it is not an offense, reports Bar and Bench. "Personal and community standards of morality are one thing, and breach of law is another," the court stated, adding that merely watching porn in private, without forcing the spouse to participate, does not amount to cruelty.
Also read: 'No husband would tolerate this': Court grants divorce over wife's vulgar chats with other men
The court also dismissed the notion that a wife's masturbation habits could be a valid reason for divorce. "Masturbation among men is acknowledged as universal, so it cannot be stigmatized when practiced by women," the ruling noted. The bench further highlighted that a wife's self-pleasure does not impact her ability to maintain a conjugal relationship, and therefore, cannot be considered a valid ground for divorce.
Rejecting the husband's plea, the court underscored the importance of spousal privacy and a woman's right to sexual autonomy even after marriage. "After marriage, a woman becomes a spouse but continues to retain her individuality. Her fundamental identity as an individual is not subsumed by her spousal status," the court observed.
The husband had made several allegations against his wife, including that she was addicted to porn, refused to perform household chores, mistreated in-laws, and engaged in prolonged phone conversations. However, the court found that none of these claims were sufficiently proven.
False STD allegations also not grounds for divorce
Additionally, the husband alleged that his wife suffered from a sexually transmitted disease (STD) and sought divorce on those grounds. However, the court dismissed the claim due to lack of concrete medical proof. The only document presented was a report from an Ayurvedic center, which the court deemed insufficient.
"Merely alleging that the spouse suffers from a venereal disease is not enough. Strict proof is required, and the affected spouse must be given an opportunity to show that the condition, even if true, was not a result of moral deviance but rather due to circumstances beyond their control," the court ruled.
The judgment cited a past case in which a woman contracted HIV from a hospital blood transfusion, stating that such unfortunate circumstances should not be grounds for divorce. The bench also referenced the case of activist Namdeo Dhasal, whose wife contracted STDs due to his promiscuous lifestyle, questioning whether he could have sought divorce on such grounds.
Setting a precedent on privacy and autonomy
This ruling reinforces the growing recognition of individual rights within marriage, particularly regarding privacy and autonomy. By dismissing moralistic arguments and upholding personal freedoms, the Madras High Court has set an important precedent on how allegations of personal habits and unverified medical conditions should be treated in matrimonial disputes.
The decision serves as a reminder that marriage does not strip individuals of their right to privacy and bodily autonomy. Watching pornography or engaging in self-pleasure in private, without forcing the spouse’s participation, does not amount to cruelty and cannot be a valid reason for divorce, the court affirmed.
Also read: Yuzvendra Chahal, Dhanashree Verma divorced after 4 years of marriage
subscribe to Asianet Newsable WhatsApp channel by clicking here.
