Forcible sex with wife cannot be considered illegal, says Mumbai Court; grants pre-arrest bail to accused husband

Mumbai : A sessions court in Mumbai has granted anticipatory bail to a man and his family members observing that his wife’s allegation that he had forcible sex with his wife and that cannot be considered an “illegal thing”. The woman had accused her husband and in-law of cruelty. She had also alleged that she was paralysed below the waist due to the forced sex, which according to her happened on two occasions.

The complainant and the man got married in November last year. Reportedly, she alleged that soon after their marriage her husband and in-laws had started imposing various restrictions on her. She said she was taunted and abused for dowry. She further alleged that her husband had sex with her against her wish a month after the wedding. She accused him of forcing her for sex again on January 2 when the couple had gone to Mahabaleshwar.

In her complaint to the police, the woman said she had become unwell after the forced sex. A doctor, after examination, informed her that she had suffered paralysis below her waist, she added. She then lodged a complaint against her husband and two in-laws for cruelty. Refuting the allegations, including of dowry, the accused filed an anticipatory bail plea in the sessions court in Mumbai.

After hearing the case, Additional Sessions Judge Sanjashree J Gharat noted: “It is very unfortunate that the young girl suffered from paralysis. However, the applicants cannot be held responsible for the same. Looking into the nature of allegations made against the applicants (husband and in-laws), custodial interrogation is not required.” He also granted pre-arrest bail to the accused.