Madras High Court Says Watching Porn or Masturbating Isn’t Ground for Divorce
The Madras High Court has ruled that a wife watching porn or engaging in masturbation in private does not count as marital cruelty and cannot be used as a reason for divorce. The Court dismissed a husband’s plea for divorce based on such claims.
The man had accused his wife of being addicted to porn, spending too much, not doing household chores, mistreating his parents, and having long phone conversations. But the Court said he did not provide solid proof for these claims.
The Court clarified that only if a spouse has a sexual relationship outside marriage, it can be a valid ground for divorce. Self-pleasure or watching adult content does not qualify as cruelty under the law.
“Indulging in self-pleasure is not a crime and does not justify divorce,” the Court said.
The Court also emphasized the right to privacy within marriage, especially regarding a woman’s sexual autonomy. Marriage does not take away a person’s individuality or their rights.
“A woman remains an individual even after marriage. Her privacy and choices are protected by the Constitution,” the Court stated.
The husband also claimed his wife had an STD (sexually transmitted disease). But the Court said he only relied on ayurvedic reports and failed to present any medical blood test. Without proper proof, this serious allegation could not be accepted.
The Court explained that accusing a spouse of having an STD carries a strong social stigma, so strict proof is necessary. Even if someone has an STD, they should be allowed to explain how they got it — for example, through contaminated blood during medical treatment.
The judgment cited an example of a woman who contracted HIV during a pregnancy check-up due to tainted blood transfusion. In such cases, the Court said, it would be unfair to dissolve the marriage.
The Court also referred to writer Mallika Amar Sheikh, who described in her book how her husband gave her an STD. Even in that case, the husband could not have filed for divorce just because his wife was infected.
The Court stated that Section 13(1)(v) of the Hindu Marriage Act, which allows divorce due to venereal disease, must be applied fairly. The person accused must get a chance to prove they were not morally at fault.
While the Court agreed that porn degrades women and may have a negative impact, it made it clear that watching porn in private without involving the spouse does not amount to legal cruelty.
Case Summary:
- Court: Madras High Court
- Main Issue: Divorce plea based on allegations of wife watching porn and having an STD
- Ruling: Plea dismissed due to lack of proof and violation of spousal privacy
- Legal Focus: Sexual autonomy, spousal privacy, STD divorce grounds under Hindu Marriage Act
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
