All HC | Sex against order of nature, against the wishes of spouse – an unlawful offense and marital incorrect amounting to cruelty, that is a ground for dissolution of wedding

All HC | Sex against order of nature, against the wishes of spouse – an unlawful offense and marital incorrect amounting to cruelty, that is a ground for dissolution of wedding

Allahabad tall Court: A Division Bench of Shashi Kant Gupta and Pradeep Kumar Srivastava, JJ. affirmed the Judgment of reduced court giving a divorce or separation to a girl under Section 13(1) regarding the Hindu Marriage Act, 1955, on a lawn that her husband committed forcible abnormal intercourse along with her.

The matter, in cases like this, ended up being as to whether a married relationship are dissolved on such basis as allegations of forcible sex that is unnatural spouse. Facts within the instance had been that a girl (respondent herein) lodged an FIR against her spouse (appellant herein) for offences under Sections 498A, 323, 504 and 377 the Penal Code, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961. She filed a petition searching for divorce or separation on the causes that her husband committed forcible unnatural sex along with her many times after wedding. Read more