Demand for too much sex is cruel, grounds for divorce: SC

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Dear forum.

This may leads to extra marital and increase sex trade. Think and needs

e-intraction. Avnish

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Demand for too much sex is cruel, grounds for divorce: SC

Dhananjay Mahapatra, TNN, Oct 21, 2010, 10.02pm IST

NEW DELHI: Persistent demand for excessive sex causing injury can be ground for

seeking divorce, the Supreme Court has ruled.

Dealing with the undefined term " cruelty " under Section 13 of the Hindu Marriage

Act, which provides grounds for divorce, a Bench comprising Justices P

Sathasivam and B S Chauhan said the onus was on the one seeking divorce to prove

with evidence that a particular conduct of the other partner had caused him/her

cruelty.

The ruling came on a plea by an aggrieved husband.

While dealing with the whole gamut of what can be called " cruelty " , entitling a

spouse to move court for divorce, the Bench said even a single act of violence

which was of grievous and inexcusable nature could fit the definition.

" Persistence in inordinate sexual demands or malpractices by either spouse can

be cruelty if it injures the other spouse, " said Justice Sathasivam, who wrote

the judgment for the Bench.

However, a few isolated instances of cruelty over a certain period of time would

not amount to cruelty as married life should be assessed as a whole, the Bench

said while rejecting one Gurbux Singh's appeal seeking divorce on the ground of

cruelty.

" Making certain statements on the spur of the moment and expressing displeasure

about the behaviour of elders may not be characterised as cruelty. Mere trivial

irritation, quarrels, normal wear and tear of married life which happens in day

to day life in all families would not be adequate for grant of divorce on the

ground of cruelty, " the Bench clarified.

Having failed to prove cruel behaviour of his wife, Singh tried to impress the

apex court to grant him divorce saying the marriage had broken down

irretrievably as he and his wife were living separately since 2002 and there was

no chance of their reunion.

The Bench said divorce has to be granted strictly under the grounds provided in

Section 13 of Hindu Marriage Act though the apex court might have dissolved

marriage on account of irretrievable breakdown in one case.

dhananjay.mahapatra@...

http://timesofindia.indiatimes.com/india/Demand-for-too-much-sex-is-cruel-ground\

s-for-divorce-SC/articleshow/6789057.cms#ixzz13LK416wp

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