Forcible sex can be grounds for divorce: Punjab and Haryana High Court

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The Punjab and Haryana high court has held that "forcible sexual intercourse" and "adoption of unnatural means" which are forced upon the other spouse are grounds for divorce.

The high court recently allowed a Bathinda woman's plea for dissolution of her marriage, almost four years after the lower court had turned it down. The lower court had said it was for her to establish that her husband had committed oral and unnatural sex against her, and held that no medical evidence had been mentioned by her.

"We find that the claim of the appellant has been wrongly rejected," the division bench of Justices MMS Bedi and Hari Pal Verma said.

"The act of sodomy, forcible sexual intercourse, which are forced upon the other spouse and result in unbearable pain to the extent that one is forced to stay away would certainly be a ground to seek separation," it said.

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