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Tuesday, November 2, 1999

Sex charges no more taboo in divorce cases

Milind Ghatwai  
VADODARA, Nov 1: In the desperation for divorce, no charge, it seems, is taboo. Sample some of the allegations being brought in some cases at courts in the city:
  • A 48-year-old woman alleges that her husband's sex drive was unnatural for his 55 years. She says he blamed her lack of desire on her piety and threw out the idols she worshipped.
  • A woman alleges that her husband, a homosexual, made unnatural sexual demands of her.
  • An advocate recounts that when she told a man filing for divorce that adultery was sufficient ground, he immediately turned to a friend accompanying him and asked, ``Would you mind if I accuse my wife of having an illicit relationship with you?'' She shouted them out of her office, lost a client.
  • A woman alleges that her husband is impotent and wanted her to sleep with his friend so that she may conceive. She says her husband and in-laws did not want an adopted child as people would guess ``something was wrong'' with the husband. What drove her immediately to court was the friend agreeing to her husband's proposal.

    Advocates say divorce courts hear enough such sex charges to suggest that they are being levelled with a casualness till now unknown. Advocate Malti Vani, who is handling the last case, says, ``Fewer eyebrows are raised these days when such cases come up.''

    Most cases end in a compromise or an out-of-court settlement -- it is difficult to make the charges stick. But divorce seekers are indifferent to this, and use the charges to wangle a settlement. Says advocate K.I. Nathani, ``In many cases, the charges are false. The court case provides a platform for negotiation.'' Another senior advocate says, ``Grounds are created to facilitate early divorce.''

    However, women's organisations say that it is growing awareness of legal rights, of what constitutes cruelty, that has led to the increase in the number of such case, especially when they are filed by women.

    Trupti Shah of Sahiyar says, ``All this and much more was happening within the four walls. Women kept mum only because they were worried about their family's reputation.'' She does not agree that the charges could have been cooked up.

    And Dr Yogesh Patel, a counsellor at the S.C. Patel Deaddiction Trust, says, ``Women are becoming aware of their rights, their dignity. Besides, they see sex as a way of communicating with their husbands. They read a lot in their acceptance or rejection.''

    Vani says this is true, while not denying that some of the charges being brought may be false: ``The woman whose husband asked her to sleep with his friend filed the case only when she found she was no longer safe.'' But then, Vani also cited the example of the man she drove out of her office with his friend.

    Advocate Ajit Variyalani observes that earlier such cases were reported only from rural areas. ``Now, irrespective of educational background, such litigants come from urban areas as well,'' he says.

    And advocate Mahesh Thakker says, ``Earlier people did not find it dignified to approach the court. Not that such incidents did not take place earlier. Only, now they are coming in limelight.''

    A reputed sociologist, however, refuses to read any trends: ``It is difficult to interpret anything unless each case is studied individually. The impression given by the media that violence in increasing is wrong. Violence was always part of society, only there were no newspapers to take note of it.''

    While opinion differs on why such cases are on the rise, advocates agree on one thing -- the cases are tough nuts. As Vani put it, ``Though some of the cases may sound funny, they are extremely difficult to argue in court.

    Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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