Husband Having Sex With Wife Against Her Wishes Not Illegal :Mumbai Court In Bail Plea

The court added that it was "unfortunate" that the young girl had suffered paralysis but the husband and his entire family couldn't be held responsible for the same.

Observing this, Additional Sessions Judge Sanjashree Gharat granted anticipatory bail to a man and his family in a domestic violence case under Sections 498-A, 323, 504, 506(II) r/w 34 of I.P.C.

"It is further grievance of the complainant that Applicant No. 1(husband) committed sexual intercourse with her against her wish. However, the Applicant No. 1 being husband can not be said that he committed any illegal thing. It is very unfortunate that the young girl suffered from paralysis. However, the Applicants can not be held responsible for the same. Looking into the nature of allegations made against the Applicants, the custodial interrogation is not required."

In her complaint, the woman alleged that soon after her marriage, in 2020, the accused began imposing restrictions on her, taunting and abusing her. In addition, they also demanded money, she said.

The woman claimed that a month after their marriage, her husband had sex with her against her wishes. When he did it the second time, the woman said she fell ill.

A doctor informed her that she has paralysis waist down, therefore she filed the complaint, she said.

Advocate SK Zende argued that the accused have been falsely implicated and that there is no demand for dowry. Moreover, the husband has filed a complaint against his wife.

Regarding the dowry demand, the court said there wasn't a specific averment in the complaint detailing the particulars of the demand. And since the man was her husband, it couldn't be said that he had done anything illegal by having sex with her against her wishes.

Recently, the Kerala High Court held in a notable decision that marital rape, though not made an offence, is a valid ground for divorce.

Click here to read/download the order