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The Allahabad High Court has held that forcible sex, unnatural sex, sodomy caused against the wishes of the wife, and which degrades the dignity of the wife is not only a criminal offence but a good ground for dissolution of marriage under section 13 of the Hindu marriage Act.
The above judgement is in conformity with the view of the Kerala and Karnataka High Court.
The Allahabad high court in the appeal of Sanjeev Gupta vs Ritu Gupta has s held that where a woman was forced to commit unnatural sex and where the man behaved like a beast who used to beat his wife when she refused.
He even called her characterless and even threatened her that he would not spare her 5 year old daughter, such behaviour amounts to cruelty and attracts provisions of domestic violence and section 13 of the Hindu marriage act to dissolve the marriage. Hence the husband was convicted for the offence under section 498-A/323/377 IPC and section 3 & 4 of the Dowry Prohibition Act.
Click here to view judgement
