Watching Porn and Masturbation Not Grounds for Divorce: Madras High Court
The Madras High Court recently ruled that a husband cannot seek divorce just because his wife watches porn and engages in self-pleasure. The court dismissed the man’s plea for divorce on the grounds of cruelty, stating that such acts do not amount to marital misconduct.
Court Rejects Husband’s Allegations
The husband had accused his wife of several things, including being a spendthrift, addicted to porn, refusing household duties, mistreating in-laws, and having long phone conversations. However, the court found that he could not provide sufficient proof for any of these claims.
“If a married woman has an extramarital affair, it can be a valid reason for divorce. However, self-pleasure cannot be considered a ground for ending a marriage. Such an act does not amount to cruelty,” the court ruled.
Spousal Privacy is a Fundamental Right
The court emphasized that marriage does not take away a woman’s right to privacy, including her sexual autonomy.
“Privacy is a fundamental right, and it extends to spousal privacy as well. A woman remains an individual even after marriage. Her identity is not lost just because she is a wife,” the court stated.
The ruling clarified that unless an act is illegal, an individual has the right to personal expression, and self-pleasure should not be seen as immoral or forbidden.
STD Allegations Require Strong Evidence
The husband also claimed that his wife had a sexually transmitted disease (STD). However, he only presented reports from an Ayurvedic center, without any medical blood test results. The court rejected the claim due to lack of evidence.
“Though Ayurveda is a respected form of medicine, a venereal disease allegation must be proven with a proper medical report. Without such proof, the claim appears to be false,” the court stated.
The court further explained that having an STD does not automatically justify divorce. A spouse must be given a chance to prove that the disease was not due to immoral behavior but caused by factors beyond their control.
The court cited a case where a woman contracted HIV from a hospital blood transfusion and asked if it would be fair to dissolve her marriage for something beyond her fault. The answer, according to the court, was “No.”
Watching Porn Alone is Not Marital Cruelty
While the court acknowledged that porn often degrades women and may negatively impact viewers, it clarified that watching porn privately without forcing a spouse to participate is not cruelty.
“Watching porn may not be morally right, but if a wife does so privately without pressuring her husband, it does not amount to marital cruelty,” the court concluded.
This ruling reinforces the importance of privacy, personal rights, and strong evidence in divorce cases.
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