Sexual intercourse between married couple not rape even if by force, rules Chhattisgarh HC

On Thursday, the Chhattisgarh High Court acquitted a man of marital rape, finding that sexual intercourse between a lawfully married man and woman is not rape even if it is coerced or against the wife's will. "The sexual intercourse or an act by a man with his wife if the wife is not under the age of 18 years is not rape," according to the Chhattisgarh High Court.

The High Court stated in its judgement that because the complainant is the applicant's lawfully wedded wife, sexual intercourse or any sexual act with her by the applicant/husband would not constitute rape even if it was forced or against her will.

Earlier this month, Mumbai Additional Sessions Judge Sanjashree J Gharat ruled that the complaint of a lady who accused her husband of having sexual relations with her against her will did not hold up to judicial examination.

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According to media reports, the court stated, "Being the spouse, it cannot be argued that he performed any criminal act." According to the prosecution, the woman married on November 22 of last year. Following the wedding, according to the lady, her husband and his family began imposing limitations on her, mocking her, assaulting her, and even demanding money.
A month after their wedding, the woman claimed that her husband conducted extramarital affairs without her consent.

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According to the prosecution, the duo travelled to Mahabaleshwar, a hill station near Mumbai, on January 2, where he conducted the deed again against the woman's wishes. Following that, the woman claimed to have become unwell and had gone to see a doctor. The doctor told her that she had paralysis below the waist.
Post that; she filed an FIR in Mumbai against her husband and others.
 

• Chhattisgarh HC
• High Court
• marital rape