Wife watching porn privately, indulging in self-pleasure is not cruelty on husband: Madras High Court

Madras High Court dismisses appeal challenging denial of divorce based on wife's private porn watching and self-pleasure, citing lack of cruelty.

Dismissing an appeal preferred by a man who challenged a family court’s judgment denying him divorce, the Madurai Bench of the Madras High Court held that his wife watching porn privately and indulging in self-pleasure might not constitute cruelty to the husband.

The court was hearing the Civil Miscellaneous Appeal preferred by the man challenging the judgment of the Family Court in Karur.

A Division Bench of Justices G.R. Swaminathan and R. Poornima observed that for both the parties, this marriage was the beginning of their second innings. Their respective first marriages were dissolved through the court. The appellant wanted to dissolve the second marriage too. He rested his case on the grounds that his wife was suffering from venereal disease in a communicable form and that her conduct constituted cruelty.

The court said alleging that the spouse was suffering from venereal disease cast a serious stigma. Strict proof of this allegation would be required. The other party must be given the opportunity to show her condition was not an outcome of a morally deviant conduct but was due to some circumstances beyond her control, the court observed.

The judges said the appellant had failed to prove the allegation that his wife was suffering from venereal disease. The other ground projected by him was that his wife treated him with cruelty. He alleged she was addicted to watching porn and often indulged in self-pleasure.

Watching porn (other than the statutorily prohibited type) in a private setting would not constitute an offence.

The judges said the wife’s watching porn might affect her psychological health. That by itself would not amount to treating the other spouse cruelly. The other allegation was that the wife would indulge in self-pleasure. Calling upon a woman to respond to this averment itself was a gross infringement of her sexual autonomy. Indulging in self-pleasure could not be a cause for dissolution of marriage.