While marital rape is yet to be criminalised, in a rare judgement, a family court in Delhi has acknowledged the indulgence of marital rape by husband who had filed a divorce plea seeking separation from his wife for allegedly being deserted and put through cruelty by her.

It ruled that it was he who was inflicting abusive and humiliating treatment to his wife by committing extreme acts of sexual abuse and domestic violence and cannot take advantage of his own wrongs.

The court in its observations mentioned, "Although in our country marital rape is not considered as an offence, it constitutes inflicting mental cruelty as it connotes lack of respect, dignity and sensitivity towards the wife and violates of the right to life and liberty as enshrined in the Constitution of India."

Dismissing husbands divorce plea, principal judge Dharmesh Sharma said while ''sexual intimacy'' is a key component in a lawful marriage and it is said that a sexless marriage is an anathema, it is not a contract for legal sexual gratification.

''It does not mean that a man has unfettered right to demand and commit sexual intercourse with his wife without her consent or approval, nor it implies that the husband is in dominant position to impose himself upon the wife. The husband cannot indulge in sexual intimacy in such a manner that is discomforting to the wife to her body, mind and soul,'' said the judgement.

After 16 years of marriage, the husband had moved court seeking dissolution of his marriage claiming that his wife had been cruel to him and his families and given up taking care of their kids.

Contesting his allegations, the woman alleged that her husband had put her through extreme acts of mental and physical cruelty.

She alleged that he is a pervert and forced her into oral and unnatural sexual intercourse. On refusal, she used to get thrashed by him.

She told the court that she was so ashamed of the treatment meted at the hands of her husband there was no courage in her to reveal it to anyone in her family till 2007 when she could take it no longer and had to disclose it to her brother in the US.

She added that he used to penetrate her with other foreign objects resulting in extreme pain to her and leaving her exasperated and in sheer disgust for her life.

"Her version that out of shame and modesty, she could not reveal such facts to anybody is believable. It is probable that she had reached a boiling point where it was difficult for her to bear further physical, mental and psychological trauma, and she decided to turn the tables on her husband and resist such deviant behaviour, but also fearing reprisal at his hands, as she mentioned to her brother about the perverted behaviour of the man and sought help," it said.

In the letter to her brother she mentioned that her husband did not respect her and treated her with utmost cruelty and like a slave.

He would not only beat her but even snatch away her meals and make her starve.

In another letter addressing her mother, she mentioned that though her husband was incorrigible, she had stopped being afraid of him and she also highlighted the illness of their daughter. In yet another letter, to her sister and brother-in-law, she said she was suffering in silence only for saving her marriage and wellbeing of her daughter.

She denied allegations of herself being cruel to her in-laws and her husband and also denied filing a false complaint before the NCW. It is manifest that petitioner husband was indulging in marital rape, thereby lowering the respect, dignity and self-esteem of his wife," it said.

She was also not confronted by the mans counsel on her statement about his perverted activities.