Sex not part of woman’s ‘marital duties,’ court rules in divorce case
In a landmark ruling, a court has decreed that sexual relations are not part of a wife’s marital duties, dismissing claims by her estranged husband that she was withholding sex from him.
The woman, identified as Mrs. S, had been married to her husband for 20 years when she sought a divorce, citing emotional abuse and neglect. The husband, identified as Mr. K, claimed that Mrs. S was still his wife and that her failure to fulfill her “marital duties” by engaging in sexual relations with him was grounds for an annulment.
The court, however, disagreed, ruling that the definition of marital duties did not include sexual intimacy. In a statement, the court said that while sex is an important part of many marriages, it is not the sole responsibility of either spouse, and that each person has the right to choose when and how often they engage in sexual relations.
The court further ruled that emotional abuse and neglect are grounds for divorce, regardless of whether sexual relations are involved. Mrs. S was awarded a divorce, citing irreconcilable differences and a lack of communication and emotional support.
The ruling is seen as a major victory for women’s rights, as it acknowledges that sex is not the sole responsibility of a woman and that a refusal to engage in sexual relations does not justify divorce or annulment. It also sends a clear message that emotional abuse and neglect are not acceptable in a marriage.