Not illegal for husband to force wife to have sex: Mumbai sessions court

A Mumbai sessions court observed it is not illegal for a person to have sexual intercourse with his wife by force or against her will

Mumbai:A Mumbai sessions court observed it is not illegal for a person to have sexual intercourse with his wife by force or against her will. Granting bail to an individual who is accused of forcing his wife to have sex against her will, Mumbai Additional Sessions Judge Sanjashree Gharat said the woman's complaint "does not fit into any legal investigation."

"As a husband, it cannot be said that he did anything illegal," the court observed. According to the complaint of the woman, her partner and family "imposed restrictions" following her marriage in November last year.

She also alleged that her husband had sex with her against her will a month after the marriage. As per the complaint, the couple went on an outing in Mahabaleshwar on January 2. During the trip, she fell ill and sought medical help at a hospital. The woman was reportedly paralyzed below waist, she claimed.

The woman then lodged a complaint in Mumbai against her husband and in-laws. Her husband and others then applied for pre-arrest bail and during a court hearing of the application, the woman's husband and his family said they were falsely implicated.

The man also denied the allegation of demanding dowry. Prosecutors opposed granting pre-arrest bail to the accused husband.

"The woman alleged that they demanded dowry but did not say how much they demanded." the judge said.

The issue of forced sex does not give the case a legal standing. It is very unfortunate that the young woman was paralyzed. However, the husband and his family cannot be held responsible. There is no need for a custodial inquiry into the nature of the allegations in the case,” said Judge Gharat.