Forced sex with wife not illegal, says Mumbai court; grants bail to husband

HUSBAND having sexual intercourse with his wife against her wishes cannot be said to have committed any “illegal thing”, said a Bombay court while granting pre-arrest bail to the accused husband who, according to the wife, committed forced sex and demanded dowry.

Additional Sessions Judge Sanjashree J. Gharat, however, said it was unfortunate that the young girl suffered from paralysis due to forced sex.

The accused husband along with his family memebers were facing prosecution under section 498-A(dowry), 323(voluntary causing hurt), 504(intentional insult) and 506(II)(threat be to cause death or grievous hurt, etc)

The victim married the accused husband on November 22, 2020. Soon after, the accused husband and his family members started making demands for money, while enforcing restrictions on the wife and abusing and taunting her.

The wife alleged that within one month after the marriage, the husband committed sexual intercourse with her against her wish. On January 2, 2021, when they went to Mahabaleshwar, he forced himself on her again after which she started having problems with her mobility. On consulting a doctor she was informed that she was paralyzed below the waist.

Also read: Marital rape a good ground for divorce: Kerala HC