The Madras High Court upheld the Family Court order stating that it could not be considered cruelty to her husband by watching porn and masturbating alone. On this basis, the Family Court refused to divorce a person.
High court argument: Self-pleasure is common for women like men.
Justice G. R. Swaminathan and Justice R.K. Purnima bench said on Wednesday:
“If masturbation is considered a normal action for men, it cannot be tarnished for women.”
“Men may reduce immediate intercourse capacity after masturbation, but this does not happen in the case of women.”
The court said that it was not proved that the married life was affected by the wife’s habit of self-happiness.
Court’s decision: Self-pleasure marriage is not the basis of dissection
1. Difference between extramarital affair and self-pleasure
- The court said, “If a woman forms a extramarital affair after marriage, it can be the basis of divorce.”
- But “If she performs self-happiness (masturbation) in private, it cannot be considered marital cruelty.”
2. Watching porn personal matter, forced cruelty can be cruelty
- “If a husband or wife forces his partner to watch porn, it can be cruelty.”
- “If the addiction to watching porn affects someone’s marital obligations, it can become the basis of divorce.”
What was the matter?
The case was related to a petition challenging the Family Court order in Karur district of Tamil Nadu.
- Marriage: In July 2018, according to Hindu customs, a temple took place.
- Second marriage: This was the second marriage of both and there was no child from this marriage.
- Isolation: The two separated in December 2020.
- Wife’s claim: She applied for restoration of marital rights.
- Husband claims: She filed a petition for divorce.
- February 2024: Family Court dismisses husband’s divorce petition.
- Appeal in the High Court in 2024: The husband filed a petition in the High Court challenging the order of the Family Court.
Husband’s allegations and wife’s defense
Husband made these allegations:
- The wife is expensive and unnecessarily spends money.
- She is accustomed to watching porn and masturbates regularly.
- Refuses to do household chores.
- She behaves badly with her in -laws.
- Keeps talking on the phone for hours.
- He is suffering from sexual disease.
Wife answered:
- He denied all the allegations.
- He said, “If the allegations were correct, we would not have been together for two years.”
Decision: Husband could not prove cruelty
1. Husband’s allegations could not be proved by evidence
- The court admitted that the husband failed to prove other allegations of cruelty.
- Porn or self-happiness cannot be considered the basis of marital cruelty.
2. Not even proved to be sexual allegations of sexual disease
- The husband claimed that the wife was suffering from sexual disease, but the court found that the wife was just physically unwell.
