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Marital Rape Acceptable But Not Oral Sex: HC
By: Tupaki Desk | 3 April 2018 4:31 AM GMT
Gujarat High Court passed an order saying forcibly or non-consensual intercourse by a husband can't be treated as a rape. At the same time, The Top Court opined pressurizing life partner to have oral sex or unnatural sex amounts to cruelty.
High Court passed this ruling in a case filed by a Female Doctor accusing her Husband of sexual assault and physical harassment.
Husband forced Wife to have sexual intercourse and subjected her to have oral sex/unnatural sexual activities. In addition, He tortured her for dowry. It was the Husband who moved High Court seeking rejection of his wife's complaint.
Justice JB Pardiwala: 'Husband can't be prosecuted for either rape or marital rape if he indulged in the sexual intercourse with his wife above the age of 18. Whereas, He can be prosecuted for oral or unnatural sex under Section 377 of the IPC'.
High Court passed this ruling in a case filed by a Female Doctor accusing her Husband of sexual assault and physical harassment.
Husband forced Wife to have sexual intercourse and subjected her to have oral sex/unnatural sexual activities. In addition, He tortured her for dowry. It was the Husband who moved High Court seeking rejection of his wife's complaint.
Justice JB Pardiwala: 'Husband can't be prosecuted for either rape or marital rape if he indulged in the sexual intercourse with his wife above the age of 18. Whereas, He can be prosecuted for oral or unnatural sex under Section 377 of the IPC'.
