Wife Watching Porn and Masturbating not Valid Reason for Divorce: Madras HC

Madras: The Madras High Court has ruled that a wife watching pornography or engaging in masturbation cannot be considered grounds for divorce. A two-judge bench of Justices G.R. Swaminathan and R. Poornima stated that private consumption of adult content is not illegal unless a spouse forces their partner to watch it.  

Court Rejects Husband’s Cruelty Claims  

The ruling came in response to a petition filed by a man seeking divorce from his wife on the grounds of cruelty. He alleged that she was addicted to pornography, masturbated regularly, and mistreated his parents, as per a Bar and Bench report.  

The Court, however, found no merit in these claims. It emphasized that while watching porn can have a long-term psychological impact and may not be morally acceptable, it does not automatically constitute cruelty in a marriage.  

"Personal and community standards of morality are one thing, and breach of law is another… Merely watching porn privately does not constitute cruelty. However, if a spouse compels the other to watch, it can amount to cruelty. If addiction to porn affects one’s ability to fulfill marital obligations, it may be a valid ground for divorce," the judgment stated.  

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No Stigma for Female Masturbation  

The Court also dismissed the argument that a wife masturbating is a ground for divorce. It called out the societal stigma around female self-pleasure, noting that masturbation among men is widely acknowledged but often criticized in women.  

"When masturbation among men is accepted as universal, why should it be stigmatized for women? Unlike men, women can engage in sexual intercourse even after masturbation, so it does not affect conjugal relations," the Court ruled.  

Marital Infidelity vs. Self-Pleasure

While making its observations, the Court clarified that adultery—having a sexual relationship outside marriage—could be a valid ground for divorce. However, self-pleasure does not fall into the same category.  

"Indulging in self-pleasure cannot be a cause for dissolution of marriage. By no stretch of imagination can it be said to inflict cruelty on the husband," the Court concluded.  

The ruling is seen as a progressive step in recognizing personal autonomy in marriage while setting clear legal distinctions between moral perceptions and actionable grounds for divorce.