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Sex with wife against her wish cannot be seen as marital rape!
By: Tupaki Desk | 26 Aug 2021 5:35 PM IST
On the lines of the verdict given by the Bombay High Court on the marital rape recently, the Chhattisgarh high court gave a similar verdict while hearing a petition on forceful sexual intercourse between husband and wife.
A woman had knocked on the doors of the High Court against her husband on the grounds of marital rape. The High Court heard the arguments of both sides.
In the verdict, the High Court had maintained that, the sexual intercourse between husband and wife cannot be considered as marital rape even the intercourse took place forcefully.
The sexual intercourse between a man and his wife, who is above the age of 18 won't fall under the marital rape, the Chhattisgarh High Court said.
In the verdict, the accused was acquitted of the marital rape allegations saying that the petitioner is married to the applicant and this cannot be considered as rape.
Having said that, the Chhattisgarh High Court said having sex with wife in unnatural ways is a crime and the charges framed against him under Indian Penal Code(IPC) Section 377 were upheld by the High Court.
Both the petitioner and applicant in the case were married recently. However, the wife had moved the High Court saying that his husband is doing sexual intercourse in unnatural ways.
While letting off the man on the charges of marital rape, the High Court is satisfied with the claims of the husband that he is doing sex in unnatural ways and the charges were upheld.
While hearing a petition on similar cases, the Bombay High Court and Kerala High Court gave two contradictory verdicts.
Earlier, the Bombay High Court said sexual intercourse between husband and wife cannot be considered against the law. The court heard the petition when a woman in her petition said, due to the forceful Intercourse, she developed paralysis.
On the other hand, the High Court in God's Own country Kerala said husband taking his wife for granted comes under the marital rape and divorce can be applied on the same grounds. The women organisations have lauded the verdict of the Kerala High Court then.
A woman had knocked on the doors of the High Court against her husband on the grounds of marital rape. The High Court heard the arguments of both sides.
In the verdict, the High Court had maintained that, the sexual intercourse between husband and wife cannot be considered as marital rape even the intercourse took place forcefully.
The sexual intercourse between a man and his wife, who is above the age of 18 won't fall under the marital rape, the Chhattisgarh High Court said.
In the verdict, the accused was acquitted of the marital rape allegations saying that the petitioner is married to the applicant and this cannot be considered as rape.
Having said that, the Chhattisgarh High Court said having sex with wife in unnatural ways is a crime and the charges framed against him under Indian Penal Code(IPC) Section 377 were upheld by the High Court.
Both the petitioner and applicant in the case were married recently. However, the wife had moved the High Court saying that his husband is doing sexual intercourse in unnatural ways.
While letting off the man on the charges of marital rape, the High Court is satisfied with the claims of the husband that he is doing sex in unnatural ways and the charges were upheld.
While hearing a petition on similar cases, the Bombay High Court and Kerala High Court gave two contradictory verdicts.
Earlier, the Bombay High Court said sexual intercourse between husband and wife cannot be considered against the law. The court heard the petition when a woman in her petition said, due to the forceful Intercourse, she developed paralysis.
On the other hand, the High Court in God's Own country Kerala said husband taking his wife for granted comes under the marital rape and divorce can be applied on the same grounds. The women organisations have lauded the verdict of the Kerala High Court then.