Shreya Gupta
On March 19, 2025, the Madras High Court ruled that a husband cannot seek divorce from his wife merely on the grounds that she watched pornography or engaged in self-pleasure. A Bench comprising of Justices GR Swaminathan and R Poornima clarified that watching pornography in private is not an offense. Although the Court acknowledged that pornography degrades women and could negatively impact a viewer’s psychological well-being, it held that merely watching it privately, without forcing the spouse to participate, does not amount to marital cruelty. The Court stated that while personal and community moral standards exist, they should not be confused with legal grounds for divorce. It further emphasized that watching pornography alone does not automatically constitute cruelty unless it can be proven that the habit has adversely affected the spouse or their conjugal obligations.
The Court also dismissed the husband’s claim that his wife’s habit of masturbation could be a valid ground for divorce. It ruled that forcing a woman to respond to such allegations would be a violation of her sexual autonomy. Additionally, the Court questioned why female masturbation is stigmatized when male masturbation is widely acknowledged. The judges observed that unlike men, women can engage in sexual intercourse immediately after masturbation, and there was no evidence to suggest that it interferes with the conjugal relationship. Thus, the Court concluded that indulging in self-pleasure cannot be considered cruelty or grounds for divorce.
The ruling was issued in response to a husband’s plea for divorce, in which he alleged that his wife was a spendthrift, addicted to pornography, refused household duties, mistreated her in-laws, and spent excessive time on phone conversations. However, the Court found that he failed to sufficiently prove these allegations. It ruled that while extramarital affairs could justify divorce, masturbation alone does not amount to cruelty toward the husband. The Court emphasized that after marriage, a woman retains her individuality and her right to spousal privacy, which includes aspects of her sexual autonomy. As long as her actions do not break any laws, she has the right to express herself freely. The judges remarked that self-pleasure should not be seen as a forbidden act that causes the collapse of marriage.
Furthermore, the husband alleged that his wife suffered from a sexually transmitted disease (STD) but failed to provide sufficient medical proof beyond an Ayurvedic centre’s reports. The Court ruled that allegations of venereal disease require strict proof, including a proper blood test, and cannot be used as a ground for divorce without evidence. It stressed that making such claims casts a serious stigma and that an accused spouse must be given a fair chance to prove that their condition, if true, was not due to immoral conduct. The Court cited real-life examples, such as a woman who contracted HIV due to a contaminated blood transfusion during pregnancy, to illustrate that a person can suffer from an STD due to circumstances beyond their control. Additionally, it referenced the case of Mallika Amar Sheik, who suffered from sexually transmitted diseases due to her husband Namdeo Dhasal’s promiscuity, noting that in such cases, a spouse should not be penalized for circumstances beyond their control.
Based on these considerations, the Court interpreted Section 13(1)(v) of the Hindu Marriage Act, which allows divorce if a spouse suffers from a venereal disease, in a manner that ensures fairness. It held that even if a spouse has an STD, they must be given an opportunity to prove they are not at fault. The ruling thus reinforces the principles of privacy, individual autonomy, and fairness in marital relationships while emphasizing the need for substantial proof in divorce proceedings.
Case Title: XXX v. YYY
Case Number: C.M.A(MD) Nos.460 & 1515 of 2024
Bench: Justices GR Swaminathan and R Poornima
Click here to access the order
Instagram: Click here
LinkedIn: Click here
For Collaboration and Business: info.desikaanoon@gmail.com