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Marital rape good ground to claim divorce, says Kerala HC

Merely for the reason that the law does not recognise marital rape under penal law, it does not inhibit the court from recognising the same as a form of cruelty to grant divorce, the court said

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In a ruling that could have far-reaching implication in divorce cases, the Kerala High Court on Friday held that that marital rape can be a good ground to claim divorce.

The verdict by a division bench of Justices A. Muhamed Mustaque and K. Edappagath came as it turned down an appeal filed by the husband challenging a judgement of a family court granting divorce on the ground of cruelty and dismissal of a petition for restitution of conjugal rights.

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