Mumbai Additional Sessions judge Sanjashree J Gharat observed that the grievance of a woman who had accused her husband of committing sexual intercourse with her against her wish does not stand legal scrutiny.
The judge said that the accused “being the husband cannot be said that he committed any illegal thing”.
As per the prosecution, the woman got married on November 22, last year. The woman has told the police that after the wedding, her husband and his family started putting restrictions on her and also made taunts, abused her and even started demanding money.
The woman alleged that a month after the wedding, the husband had sex with her against her wish. The judge noted that the issue of forced sex does not stand a legal ground. Judge Gharat said, “It is very unfortunate that the young girl suffered paralysis.
However, the applicants (husband and family) cannot be held responsible for the same. Looking into the nature of allegations made against the applicants, custodial interrogation is not required. The applicants are ready to cooperate during the course of the investigation.”
The other version of Delhi High Court:
Marriage does not mean that a woman is always consenting for physical relations with her husband, the Delhi High Court has observed.
The HC also held that physical force is not necessary for constituting the offence of rape.
A bench of acting chief justice Gita Mittal and C Hari Shankar said that in a relationship like marriage, both man and woman have a right to say ‘no’ to physical relations.
The court’s observation came while hearing pleas seeking to make marital rape an offence and others opposing it. “Marriage does not mean that the woman is all time ready, willing and consenting for establishing physical relations.
