High Court says wife can be granted divorce on the mere pleading that husband was attempting sodomy

Team SoOLEGAL 19 Nov 2018 4:30pm

High Court says wife can be granted divorce on the mere pleading that husband was attempting sodomy

The Uttarakhand HC recently observed that a wife can be granted a divorce on mere pleading that husband was making an attempt to have an unnatural sexual relationship (sodomy), as such an act will amount to cruelty.

The court’s observation came while hearing a divorce petition, in which the wife had approached the high court challenging a Family court order.

The family court had dismissed the woman’s divorce petition after referring to a few letters exchanged between the couple and some instances to hold that cruelty was not proved.

The woman has alleged that her husband had a bad habit of consuming liquor. And, when her husband came home in an intoxicated condition, he often used to misbehave with her and inflicted mental cruelty. She said that she tolerated all the atrocities of her husband in order to maintain harmony in the family and also to sustain the matrimonial life.

A two-judge bench of the High Court of Justices Sudhanshu Dhulia and Sharad Kumar Sharma after referring to the pleadings made by the wife said:

“…Mere pleading of the said action is sufficient because this is an act which cannot be proved by any evidence and, more particularly, when the wife asserts that the husband was forcing for sodomy. It will amount to be a cruelty, the reason being that no wife will ever in defence plead such an act to determine cruelty...”

Read the Judgment Here.

Tagged: Sodomy   Unnatural Sexual Relationship   Ground of Cruelty   Divorce Petition   Divorce   Uttaranchal High Court  
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