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Forceful Intercourse with Spouse cannot be termed illegal: Mumbai Sessions Court
By: Tupaki Desk | 13 Aug 2021 3:11 PM IST
Marital rape is always a controversial topic. In the recent past, a few courts gave verdicts in such cases and here comes the sensational verdict from the Mumbai Additional Sessions Court.
Hearing a petition filed by a woman against her husband, judge Sanjashree J Gharat said forced sex in marriage cannot be termed as illegal.
Going into details, a victim had knocked on the doors of the court against her husband saying that her spouse had a forced sex with her.
Adding further, the complainant told the court that the forced sex in turn resulted in her getting paralyzed.
According to the woman, her husband had a forced sex without her consent when they went a hill station earlier in January this year.
When she started to feel uneasy, she consulted a doctor and told her symptoms. After a thorough check up, the doctor reportedly confirmed her situation as paralysis.
The victim had moved the local police station in this regard in Mumbai. Her husband and her in-laws have reached the court to seek anticipatory bail.
In her complaint, the woman also alleged that her in-laws are also harassing her demanding dowry.
The lawyer who represented the woman said that the accused and his family members should not be given anticipatory bail in the case.
Countering the arguments, the accused's lawyer said that the woman is making false allegations and statements against them for no reason.
The Judge gave the verdict in the sensational case after noting the arguments and counter arguments of both parties.
While expressing concern over the woman developing paralysis, the Judge made it clear that the health situation of the complainant cannot be attributed to her husband and his family members.
Talking about the dowry allegations, the Judge asked why the woman is unable to mention the amount demanded by her husband's family as dowry.
The Court said what the husband has some cannot be termed as illegal and granted anticipatory bail.
The Mumbai Additional Sessions also said that there is no need of putting the accused and his family members in police custody for interrogation. However, they were directed to cooperate with the investigation.
Hearing a petition filed by a woman against her husband, judge Sanjashree J Gharat said forced sex in marriage cannot be termed as illegal.
Going into details, a victim had knocked on the doors of the court against her husband saying that her spouse had a forced sex with her.
Adding further, the complainant told the court that the forced sex in turn resulted in her getting paralyzed.
According to the woman, her husband had a forced sex without her consent when they went a hill station earlier in January this year.
When she started to feel uneasy, she consulted a doctor and told her symptoms. After a thorough check up, the doctor reportedly confirmed her situation as paralysis.
The victim had moved the local police station in this regard in Mumbai. Her husband and her in-laws have reached the court to seek anticipatory bail.
In her complaint, the woman also alleged that her in-laws are also harassing her demanding dowry.
The lawyer who represented the woman said that the accused and his family members should not be given anticipatory bail in the case.
Countering the arguments, the accused's lawyer said that the woman is making false allegations and statements against them for no reason.
The Judge gave the verdict in the sensational case after noting the arguments and counter arguments of both parties.
While expressing concern over the woman developing paralysis, the Judge made it clear that the health situation of the complainant cannot be attributed to her husband and his family members.
Talking about the dowry allegations, the Judge asked why the woman is unable to mention the amount demanded by her husband's family as dowry.
The Court said what the husband has some cannot be termed as illegal and granted anticipatory bail.
The Mumbai Additional Sessions also said that there is no need of putting the accused and his family members in police custody for interrogation. However, they were directed to cooperate with the investigation.