A wife’s refusal to have sex with
her husband without a condom does not constitute grounds for divorce, the High
Court in Mumbai has ruled.
In his divorce petition, Pradeep
Bapat said his wife refused to have unprotected sex with him, saying she did
not want to have children because the couple was not financially stable. A
two-judge panel rejected his plea and said his other grounds for legal
separation, that his wife lacked cooking and cleaning skills, could not be
grounds for divorce.
“She wanted to give the child a
better life. It is a mutual decision, and a husband cannot insist,” Justice
P.B. Majmudar said, according to the Times of India. Noting that “a woman is
not a slave,” the court said couples should get to know each other before
marrying, especially in cases of arranged marriages.
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