Watching Porn, Masturbation 'Wife's Autonomy'; Can't Seek Divorce: Madras High Court

Observing the case, a Bench of Justices G R Swaminathan and R Poornima stated that if a wife watches porn in private, it is not an offence unless she forces her spouse to join.

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Watching Porn, Masturbation 'Wife's Autonomy'; Can't Seek Divorce: Madras High Court

Can't Seek Divorce Because Wife Watches Porn And Masturbates: Madras High Court

While hearing a divorce case, the Madras High Court on Thursday ruled that wife watching porn or masturbating are not grounds for the annulment of marriage.

Observing the case, a Bench of Justices G R Swaminathan and R Poornima stated that if a wife watches porn in private, it is not an offence unless she forces her spouse to join.

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The court hence clarified that a husband cannot seek divorce from his wife merely on claims that she watched porn or engaged in self-pleasure and masturbation.

The court made the observation while hearing a husband’s appeal against the decision of a lower court that refused to grant him a divorce. Rejection his petition for granting divorce, the court highlighted that he cannot interfere in the sexual autonomy of his wife.

The husband had Alleged that his wife was addicted to porn, indulged in masturbation and refused to do household chores. The husband also claimed that his partner ill-treated her in-laws and indulged in long phone calling.

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When masturbation among men is acknowledged to be universal, masturbation by women cannot be stigmatised. While men cannot engage in sexual intercourse immediately after indulging in masturbation, that would not be the case with women,” the Court ruled, underling that a woman retains her right to spousal privacy even after marriage including elements of her sexual autonomy.

Regarding the other allegations, the court found that the man could not provide sufficient evidences to prove his claims.
Notably, the husband had also claimed that his wife has sexually transmitted disease (STD) to which the court responded saying that he can’t seek divorce by accusing spouse of having an STD without proof of moral deviance.