Forced sex in a marriage cannot be called illegal, rules Mumbai court

Forced sex in a marriage cannot be called illegal, a Mumbai court ruled on Friday as it was hearing a plea of a woman, who suffered paralysis after she forcible sex by her husband. In the case, Mumbai Additional Sessions judge Sanjashree J Gharat ruled that the man cannot be held responsible. 

"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," the judge in his order said. 

The court ruled, “Being the husband cannot be said that he committed any illegal thing",  quoted India Today.

The woman in her complaint said that she got married to the accused in November 2020 after which he started having sex with her against her will and alleged that she had suffered paralysis below her waist due to non-consensual sex, reports say. 

She also stated in her complaint that her in-laws had put restrictions on her, used to taunt and abuse her, and had also demanded dowry. Her husband and his family have refuted the allegations, claiming protection from arrest.