Marital rape a ground for divorce, rules Kerala HC

Court dismisses husband’s appeal against family court allowing his wife’s plea for divorce

Holding that marital rape is a ground for divorce, a Division Bench of the Kerala High Court has observed that treating a wife’s body as something owned by the husband and committing sexual acts against her will is nothing but ‘marital rape.’ The Bench comprising Justice A. Muhamed Mustaque and Justice Kauser Edappagath further observed that just because the law did not recognise marital rape under penal law, it did not inhibit the court from recognising the same as a form of cruelty to grant divorce. Hence, marital rape was a good ground to claim divorce. The court made the observation on Friday while dismissing the appeal of a husband challenging a family court order allowing his wife’s plea for divorce on grounds of marital rape.