Allahabad tall Court: A Division Bench of Shashi Kant Gupta and Pradeep Kumar Srivastava, JJ. affirmed the Judgment of reduced court giving a divorce or separation to a girl under Section 13(1) regarding the Hindu Marriage Act, 1955, on the floor that her husband committed forcible abnormal intercourse along with her.
The matter, in this instance, ended up being as to whether a wedding could be dissolved based on allegations of forcible sex that is unnatural spouse. Facts into the instance were that a female (respondent herein) lodged an FIR against her husband (appellant herein) for offences under Sections 498A, 323, 504 and 377 the Penal Code, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961. She filed a petition searching for divorce or separation on the causes that her husband committed forcible abnormal intercourse along with her many times after wedding. On her behalf refusal to conform to their needs, he overcome her up and threatened not to spare her 5-year daughter that is old make intimate relations along with her also. He additionally demanded Rs 40 lakhs and automobile in dowry after wedding. She ended up being given breakup based on her allegations. Husband challenged the judgment for the reduced court by means of the current appeal, on a lawn that there clearly was no proof of dowry need, harassment or sex that is unnatural. Further, it had been argued that medical report have been ignored additionally the reduced court had relied upon the unsupported solitary declaration of their spouse by ignoring contradictions inside her own testimony. […]