Having sexual intercourse with wife without her consent is not rape! Though it has been recognised as a case of marital rape worldwide still there's no such law in India! This is the verdict given by the Gujrat High court on Monday. Justice J.P Pardiwala on this case said that if a women is above 18 years of age and is forced to have sexual intercourse with her spouse even without her consent will not be considered as rape. In such cases, the wife can not complain against her husband, under Section 375 of the Indian Penal Code. But if the husband forces for oral sex or sex of some unusual kind then that will be considered as act of cruelty. In this case, the wife can file a complaint, under Section 377 of the Indian Penal Code. But for forcefully setting up of sexual intercourse the wife can file a complaint of dishonoring her, under section 354 of the Indian Penal Code. Justice J.P Pardiwala said with regret that though there are several laws against marital rape worldwide but there is no such law in India.
He have also asked the legislation to think upon this issue as there are many such incidents happening in India. A lady doctor of Sabarkantha district in Gujrat logged a complain in Edar police station of rape, abnormal sex and dowry against her husband, who is also a doctor. She also filled complains against her in-laws. The FIR of the wife had been challenged by her husband. And in that case the have dismissed the complain of rape but Justice Pardiwala has ordered the DSP of Himmat Nagar to investigate on the allegation of dowry. While cancelling complains against the in-laws the Justice said that involving the groom's parents in between couple's dispute has quite became a general rule. When the complainant asked for CBI or CID's investigation on complain against her in-law parents, this request of her was also overruled.
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