Marital rape can be a good ground to claim divorce: Kerala HC

Kerala : Marital rape can be a good ground to claim divorce, said Kerala High Court while rejecting a plea filed by a husband.

Rejecting the appeal, a division bench of the Kerala High Court said that treating a wife’s body as something that is owed to the husband and committing sexual acts against her will is nothing but marital rape. “Right to respect for his or her physical and mental integrity encompass bodily integrity, any disrespect or violation of bodily integrity is a violation of individual autonomy,” said the bench in its order dated July 30, a copy of which was uploaded on Friday.

The court also said that as per need of the hour, both marriage and divorce must come under secular law. A bench of Justices A Muhamed Mustaque and Dr Kauser Edappagath said there cannot be any difficulty in having a common code of law for all communities at least for marriage and divorce.

“Individuals are free to perform their marriage in accordance with personal law, but they cannot be absolved from compulsory solemnization of the marriage under secular law. Time has come to revamp the marriage law in our country. Our law also should equip to deal with marital damages and compensation. We need to have a law dealing with human problems with a humane mind to respond,” said the court.