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In a recent judgment of Allahabad High Court in the matter of Ritu gupta v. Sanjeev Gupta the court has observed that forcible sex, unnatural or natural, is an illegal intrusion in the privacy of the wife and amounts to cruelty against her. The matter came before as an appeal against the order of district court where the wife filed a divorce plea against the husband on the grounds of forced unnatural sex which amounted to cruelty. The husband, in this case, was tried and convicted for the offence under section 498-A, 323 and 377 of Indian Penal Code & section 3 & 4 of Dowry Prohibition Act. The District Court earlier allowed the plea and granted divorce to her however, the husband not satisfied with its decision filed a plea before the HC.
In the current appeal filed by the husband, the High Court bench referred to a Kerala High Court judgment in Bini T. John vs Saji Kuruvila which had held that “sexual intercourse against the order of the nature or sodomy or unnatural sex or oral sex is a marital wrong and a ground for dissolution of marriage.” The bench relying on the above decision observed that “Unnatural sex, sodomy, oral sex and sex against the order of the nature, against the wishes of women or wife or anybody is not only a criminal offence but also a marital wrong and amounts to cruelty which is a good ground for dissolution of marriage. Any such thing which brings the wife to indignity and causes physical and mental agony and pain is cruelty”
The HC taking note of wife’s plea observed that her husband has made sexual relation against her wishes like a beast forcibly in a very brutal and cruel way against the order of nature several times and committed sodomy and unnatural sex. The division bench of the HC thereby upheld district court order and granted divorce on the ground of cruelty by the husband.
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