The Madras High Court has said that seeing a married woman’s porn cannot be considered a crime and cannot be divorced on this basis. The High Court has refused to give any relief to the husband seeking divorce on the basis of this argument. The High Court also said that it is not a crime of the woman to give sexual pleasure to herself.
What was the matter?
All these things were given by Madras High Court Divorce In a case of the petition in a case. In fact, a person from Karur in Tamil Nadu filed a petition demanding divorce from his wife. Both were married in 2018 and both lived separately since 2020. This was the second marriage of both persons.
In 2021, the matter of both of them went to court due to deteriorating talk. The woman had demanded the court to restore her marital status. At the same time, her husband said that he wants divorce. However, the lower court refused to divorce and accepted the wife’s petition correct.
Opposing this, the husband filed a petition in the Madras High Court. From the Madras High Court, the husband demanded that he be divorced as his wife cruels him. He also raised several allegations on the wife to prove cruelty.
What were the allegations against the woman?
Husband in his petition Claim Did his wife have sexual diseases. He claimed that these diseases are such that it can also be done by making a relationship. He also showed some documents of an Ayurvedic center in relation to his wife.
In addition, the husband claimed that his wife watchs porn. The husband also alleged that his wife indulges in ‘masturbation’. Apart from this, he also accused the wife of not doing household chores, not serving her mother-in-law, talking for a long time on mobile and spending more money. The husband described all these as cruelty and demanded divorce.
What did Madras High Court say?
This case in Madras High Court of Justice Swaminathan and Justice Purnima bench Has heard The Madras High Court refused to accept the husband’s sexual illness and said that no firm evidence has been found in this regard, so it cannot be considered.
At the same time, the High Court also made comments about watching porn and getting used to it. The High Court said that watching porn at private location (apart from restricted) cannot be considered a crime. The High Court refused to consider it cruelty and said that it could not become a basis of divorce.
At the same time, the High Court also made strict remarks on the issue of ‘masturbation’. The High Court said, “The allegation is that the woman was involved in masturbation. Asking a woman to respond to this charge is an attack on her sexual autonomy. If a woman makes a separate relationship with marriage after marriage, it can be considered as the basis of divorce.”
The High Court clarified, “But satisfying yourself cannot be considered the reason for the end of marriage.” Apart from this, the High Court did not find evidence regarding cruelty towards the husband’s family, so it was not proved.
The High Court said, “If the allegations made by the husband were correct, it is impossible that they lived together for about 2 years. The husband has not presented any evidence to show that the wife failed to do housework. After examining all the evidence, the lower court reached the conclusion that the husband did not prove the charge.”
The High Court has decided to uphold this decision. The court said, “After re -examining the evidence on the record, we cannot adopt any view against the decision of the lower court. We confirm the order given by the lower court.”
