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Mumbai court rules no divorce over refusal to have sex without condom

His other grounds for divorce, namely a lack of cooking and cleaning skills on his wife's part were also rejected.
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Indian women decorate a tram car with flowers and condoms to raise awareness about HIV-AIDS on World AIDS Day in Kolkata on December 1, 2008. (DESHAKALYAN CHOWDHURY/AFP/Getty Images)

The High Court in Mumbai has reportedly ruled that a wife's refusal to have sex with her husband without a condom was not legal grounds for divorce.

The judges also rejected Pradeep Bapat's other grounds for divorce, namely a lack of cooking and cleaning skills on his wife's part, the BBC reported.

Bapat told the court his wife Prerna, whom he married in February 2007, refused to have children because they were not financially stable, and that by June she had left their home.

However, in remarks quoted by Xinhua, Justice PB Majmudar said: "She wanted to give the child a better life. It is a mutual decision and a husband can not insist."

Bapat's lawyer had also told the court that his client wanted an educated, working woman as his wife, who would also do the housework.

To which Majmudar responded by saying: "A woman is not a slave.

"You have put [common marital troubles] in the plea. If we construe these as cruelty, then no marriage will be safe."

In the ruling, the court also said couples should get to know each other before marrying, especially in the case of arranged marriages.

"It is the duty of parents to consider various aspects before the actual marriage takes place."

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