The Court ruled that Unnatural sex with a wife is not rape.
The Madhya Pradesh High Court quashed an FIR against a man filed by his wife accusing him of having unnatural sex with the observation that it was not an offence in law as she was married to him.
“This court is of the considered opinion that after having come to a conclusion that the act of unnatural sex by a husband with his legally wedded wife residing with him is not an offence under Section 377 of IPC, no further deliberations are required as to whether FIR was lodged on the basis of frivolous allegations or not,” a single bench of HC comprising Justice GS Ahluwalia observed.
The wife filed a petition in the court that her husband was having unnatural sex with her. But the court opined that it cannot be considered as a rape as it was her own husband.
