News India Live, Digital Desk: Delhi high court decision: The Delhi High Court ruled with a husband in a case of having “unnatural” sexual relations with his wife. In this case, the court has canceled the trial court order directing a person to prosecute a person, saying that Section 377 of the IPC does not recognize Marital Rape. The court also said that Section 377, which punishes such acts, will not be applicable in the matrimonial relationship, especially when the charge of consent is disappeared.
Justice Swarn Kanta Sharma was hearing against the order of the trial court. In this case, the lower court had directed the husband to allegedly decide the charge of Section 377 (punishment for unnatural offenses) against him for allegedly having oral sex with his wife. On May 13, the judgment said that the law does not recognize the concept of marital rape.
What did the court say?
The court further said that in view of this, the wife did not specifically allege that sexual relations were made against her will or without her consent. The Delhi High Court said, “After Navtej Singh Johar (case), the consent plays an important role in the relationship between any two adults under Section 377 of the IPC, but whether it was agreed in this case or not, this thing is missing.
The bench also said that actions like oral sex now come under the purview of rape defined under Section 375 (A) of IPC, but further the court said, there is no reason to believe that the petitioner will not get protection from the exemption given to the husbands under the “exception” of the rape provision.
Court suspects in wife’s words
At the same time, the court also said that on the one hand the wife accused the husband of being “impotent” and on the other hand accused for unnatural sex. With this, she accused her husband and father -in -law of establishing an illicit relationship and conspiring to marry her with the intention of making money from her family.
Defending these allegations, the husband argued that the marriage was legally valid, in which consent was inherently estimated to consent for sexual activities and hence the acts under consideration cannot be considered a crime under Section 377.
The judge pointed to a contradiction in his wife’s claims. The court said, on one hand the wife accused the man of being sexually disabled, and at the same time she also made allegations related to acts like oral sex.
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