The Madras High Court has ruled that a husband cannot seek divorce merely because his wife watches porn or engages in masturbation, as such acts do not amount to marital cruelty.
The case came before the court after a man sought divorce from his wife, accusing her of several things — being a spendthrift, addicted to pornography, refusing household chores, mistreating in-laws, and engaging in long phone calls. He also claimed she suffered from a sexually transmitted disease (STD).
Justice observed that the man failed to provide sufficient proof for his allegations. The court clearly stated: “If after marriage, a woman has sexual relations outside wedlock, it may be a valid ground for divorce. But self-pleasure is not such a ground. By no stretch of imagination can it be termed cruelty on the husband.”
Court on Spousal Privacy and Sexual Autonomy
The bench emphasised that spousal privacy is a part of the fundamental right to privacy, which includes aspects of sexual autonomy. The court said that a woman continues to retain her individuality and identity after marriage, and her right to self-expression cannot be denied so long as it does not violate the law.
The judgment noted: “Self-pleasure is not a forbidden act; it does not destroy the foundation of marriage. A wife may be a spouse, but she continues to remain an individual with her own rights.”
Allegations of STD
The husband’s claim that his wife suffered from an STD was also dismissed. The court pointed out that he only produced reports from an Ayurvedic centre, and without a blood test report, the allegation could not be accepted.
The court added that false allegations of venereal disease can cause serious stigma and therefore require strict medical proof. It also stressed that contracting an STD does not necessarily indicate immoral conduct, as infections can occur even in circumstances beyond one’s control, such as blood transfusion.
Court’s Stand on Pornography
The court acknowledged that pornography portrays women in a degrading way and can have harmful long-term effects on viewers. However, it clarified that if a wife watches porn in private without forcing her spouse to participate, it cannot be treated as cruelty or be a valid ground for divorce.
In conclusion, the court ruled that divorce cannot be granted on the basis of unproven allegations or personal habits like masturbation or watching porn, reinforcing the principles of spousal privacy and individual autonomy.
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