Forced Sex in Marriage Can't be Called Illegal, Observes Mumbai Judge After Woman Suffers Paralysis

The grievance of a woman who had accused her husband of committing sexual intercourse with her against her will does not stand up to legal scrutiny, Mumbai Additional Sessions judge Sanjashree J Gharat observed in a case on Friday.

“Being the husband cannot be said that he committed any illegal thing”, the judge said, according to a report by India Today.

The woman married on November 22 of last year, the prosecution said. According to the woman, following the wedding, her husband and his family began putting limits on her, taunting her, abusing her, and even demanding money.

The woman complained that her husband had intercourse with her against her will, a month after the wedding.

The pair had travelled to Mahabaleshwar, a hill station near Mumbai, on January 2nd, where he committed the act again against the woman’s wish, said the prosecution. Following that, the woman said she became ill and went to visit a doctor. The doctor informed her that she had suffered paralysis below the waist.

After this, the woman filed a FIR in Mumbai against her husband and others, who then filed an anticipatory bail application with the court.

During the hearing, the husband and his family claimed that they were wrongfully accused of the crime and that no money was demanded for dowry.

They told the court that the woman’s husband had also filed a case against her, and that some of the family members charged by her lived in Ratnagiri and had only stayed with the pair for two days. Another family member said the victim was expecting a child.

The prosecution objected to the accused being granted anticipatory bail. The judge noted that while the woman complained about dowry demands, she did not specify how much the demand was for.

The judge noted that the issue of forced sex does not stand a legal ground. “It is very unfortunate that the young girl suffered paralysis. However, the applicants (husband and family) cannot be held responsible for the same. Looking into the nature of allegations made against the applicants, custodial interrogation is not required. The applicants are ready to cooperate during the course of the investigation,” Judge Gharat said.

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