Having sex with wife without her consent can’t be considered as rape, observed Gujarat High Court on Monday in connection with a complaint filed by a lady doctor against her husband.
The court also observed that forcing spouse to have oral sex was cruelty. Justice JB Pardiwala’s court further observed that the husband can’t be prosecuted for the offence of rape under section 376 of IPC. According to the court the offence was also not covered under section 375 of IPC as sexual intercourse by a man with his own adult wife (above 18 years) wouldn’t be termed as rape.
The complainant as well as her husband both is in medical profession. According to the complainant her husband forced her in sexual intercourse against her wishes and that he would subject her to have oral sex and indulged in unnatural sexual activities, other than torturing her for dowry. The lady doctor’s husband too filed a petition to reject his wife’s complaint.
Reacting on the lady doctor’s petition, the court said that she can initiate proceedings against her husband for unnatural sex under Section 377 of the IPC. Taking clue from previous judgments related to similar cases Justice Pardiwala observed that husband had right to have sex with his own legal wife but at the same time she can’t be considered as his property and such act shouldn’t be done without her consent. The court however observed that harassing spouse and demanding dowry would be considered as crime.
The court has decided to continue hearing on the complaint filed by the lady but rejected complaint against her husband’s parents. She had also demanded CID or CBI investigation in the case which the court refused.