Kerala High Court in a landmark judgement held that marital rape is a valid ground for divorce. Even though the law does not recognize marital rape under penal law, the court said it cannot recognise the cruelty. The court noted that marital rape occurs when the husband is under the notion of ownership over the wife.
The jury said that husband and wife need to be considered equal partners and husband cannot have superior rights over a wife. The spouse generally does not have any choice to protect themselves from the cruelty of marital rape.