Wife Watching Porn Or Engaging In Self-Pleasure Not Cruelty To Husband Unless It Affects Marriage: M

Madras High Court: Watching Pornography or Self-Pleasure Not Cruelty in Marriage

 

In a landmark ruling, the Madras High Court held that a wife watching pornography or engaging in self-pleasure does not amount to cruelty under the Hindu Marriage Act unless it demonstrably impacts the marital relationship. The judgment was delivered by a division bench of Justice G.R. Swaminathan and Justice R. Poornima in C.M.A. (MD) Nos. 460 & 1515 of 2024.

 

Case Background

 

The case arose from a matrimonial dispute between a husband and wife, married on July 1, 2018, but living separately since December 9, 2020. The husband filed for divorce, alleging cruelty and claiming that his wife suffered from a venereal disease. The Family Court, Karur, dismissed his plea while allowing the wife’s petition for restitution of conjugal rights. He then moved to the High Court.

 

Key Legal Issues & Court's Findings

 

1. Venereal Disease as a Ground for Divorce

The husband failed to provide medical evidence proving his wife had a sexually transmitted disease. The court stressed that such a serious claim requires strict proof and dismissed it.

 

 

2. Watching Porn & Self-Pleasure – Not Cruelty

The court ruled that private viewing of pornography is not an offense unless it involves illegal content. It also defended a woman’s right to sexual autonomy, stating:

 

"After marriage, a woman remains an individual first. Her identity is not erased by her spousal status."

 

"When masturbation among men is accepted as normal, the same must apply to women."

The court found no proof that the wife’s actions harmed the marriage or affected her conjugal obligations.

 

 

 

3. Allegations of Household Neglect & Mistreatment of In-Laws

The husband’s claims lacked credible evidence, as even his parents were not presented as witnesses. The court emphasized that allegations of cruelty must be proven, not just stated.

 

 

 

Final Ruling

 

Dismissing the appeal, the court reinforced the principle of individual rights in marriage, stating:

"So long as something is not against the law, a person has the right to express themselves."

 

This ruling marks a progressive shift in recognizing personal autonomy in marriage while underscoring the need for substantial evidence in divorce cases.

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