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Xxx v. Xxx

  • Order

Divorce – Marital Rape Treating wife’s body as something owing to husband and committing sexual act against her will is nothing but marital rape. Merely for the reason that the law does not recognise marital rape under penal law, it does not inhibit the court from recognizing the same as a form of cruelty to grant divorce Marital rape is a good ground to claim divorce.

Divorce – A spouse in a marriage has a choice, a choice not to suffer, which is fundamental to the autonomy guaranteed under natural law and the Constitution. Law cannot compel a spouse to suffer against his or her wish by denial of divorce by the court.

Citations : 2021 (4) KCC 159 : 2021 (4) KHC 457 : 2021 (4) KLT 694