Important Judgment of Today on Forcible Sex and Privacy of Wife (25th May, 2019) Amaresh Patel LANDMARK JUDGMENT Sat, May 25, 2019, at ,03:42 PM Title of the Case – Forcible Sex and Privacy of Wife Name of the case – Sanveev Gupta v. Ritu Gupta, First Appeal No. 296 of 2018 Date of Judgment – 24th May, 2019 Judges: Justice Pradeep Kumar Srivastava and Justice Shashi Kant Gupta Subject and sections involved – Section 13 of Hindu Marriage Act, 1956 Issue: Whether forcible sex with wife amount to cruelty? Whether Right to Privacy of Wife is Fundamental Right? Fact of the Case: The wife filed a petition for divorce seeking divorce under Section 13(1) of the Hindu Marriage Act for dissolution of marriage dated 01.07.2012 between the parties. The respondent-petitioner has stated that both the parties married according to Hindu rituals and tradition on 01.07.2012 in Arya Samaj Temple, Aryanagar, Ghaziabad. A reception ceremony was also organized in Hotel Country-Inn, Sahibabad, Ghaziabad. The marriage was got registered on 02.07.2012 before the Sub-Registrar, Ghaziabad. Enough dowry was given in the marriage and enough expenses were incurred by the father of the respondent-petitioner. Prior to marriage with the opposite party, she was married with one Omkar Chawala from whom, two children were born. The elder one is son Ekansh and the younger one is daughter Khushi. On 14.06.2011, in a road accident, her husband Omkar Chawala died and thereafter on 01.07.2012, the marriage between the parties took place. Prior to marriage, appellant-opposite party was married with one Priyambada but the marriage was dissolved by a decree of divorce. The respondent-petitioner, prior to marriage with appellant-opposite party had told that she has two children and if he accepts them, only then she will enter into marriage. In the beginning, he did not agree to it and she denied to marry but thereafter, he took her into confidence that he will accepts both of her children. He got both the children admitted in The British School at Chandigarh and she believed that he has accepted her both children. After the end of the reception of the marriage, both stayed in a room of the same hotel and in another room, the father of appellant-opposite party and his friend Sonaria stayed. His father took her gifts and ornaments in the pretence of keeping them safe. The husband on the very first night of marriage behaved in a very cruel way and forced her for unnatural sex and made physical relationship with her in a very vulgar and inhuman way which was worse than animal. She started bleeding and felt enough pain. On 03.07.2012, she told about this happening to her family members, they came to her house and in the afternoon, she went to Ghaziabad to her parental house. His father also sided him. Due to his aforesaid behaviour, she refused to go to him. He forcefully made unnatural sex and threatened that if she will not do it, he will not leave her five years old daughter and will make relationship with her also. On 07.08.2012, the respondent-petitioner was in stomach pain and asked the appellant-opposite party to take her to hospital, but he refused. Ratio of the case - Forcible Sex with Wife The division bench of Allahabad High Court observed that the unnatural sex, sodomy, oral sex and sex against the order of the nature, against the wishes of a women or wife or anybody is not only a criminal offence but also a marital wrong and amounts to cruelty which is a good ground for dissolution of marriage. Any such thing which brings the wife to indignity and causes physical and mental agony and pain is cruelty. Forcible sex, unnatural or natural, is an illegal intrusion in the privacy of the wife and amounts to cruelty against her.