Husband Forcing Sex On Wife Against Her Wishes Not Illegal: Mumbai Sessions Court

The woman further alleged that a month after the marriage, her husband had intercourse with her against her wish.
Husband Forcing Sex On Wife Against Her Wishes Not Illegal: Mumbai Sessions Court

MUMBAI: Granting an anticipatory bail to a Wadala resident who was booked on a complaint of ill-treatment by his wife, Mumbai Sessions Court said that there is nothing illegal about a husband having sexual intercourse with his wife against her wish.

The woman in her complaint said she got married to the Wadala resident last November and her husband and in-laws started imposing restrictions on her immediately after the marriage. She alleged that they demanded money and ill-treated her for failing to meet the demand.

The woman further alleged that a month after the marriage, her husband had intercourse with her against her wish. She said he again forced himself upon her when they went to Mahabaleshwar in January and thereafter, she fell ill.

She added that on returning from Mahabaleshwar when she went to a doctor, she was informed that she had suffered paralysis below the waist.

After her complaint, Wadala TT police booked the man, his brother and brother's wife, sister, and her husband under sections 498A (husband or relative of husband of a woman subjecting her to cruelty), 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of the peace) and 506 (2) (criminal intimidation) of the Indian Penal Code.

The accused also pointed out that his sister stayed at Ratnagiri and had visited his house for two days when his wife was around.

Though the police opposed the bail pleas, additional sessions judge Sanjashree Gharat granted relief to the five accused on furnishing a personal bond of ₹15,000 each with one or two sureties of the same amount.

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