However brutal the man is, can sex between husband, wife be called rape?: Supreme Court

The woman alleged that her partner fraudulently obtained her consent for intimate relationship before marriage.

The Supreme Court on Monday stayed the arrest of a man who was allegedly accused of rape by his former live-in partner. The woman stated that the man, who promised to marry her, had been brutally abusive.


The bench comprising Chief Justice of India SA Bobde and Justices AS Bopanna and V Ramasubramanian asked: “When two people are living as husband and wife, however brutal the husband is, can the act of sexual intercourse between them be called rape?”


The woman alleged that her partner fraudulently obtained her consent for intimate relationship after she refused to get indulge with him in it until marriage, according to Bar and Bench. She claimed that they later had a marriage ceremony at a temple. The man denied this and claimed that the sexual relations between them were consensual. An FIR had been filed against the man after he married another woman.


The woman said the man “brutally exploited” her during their relationship and she had to be hospitalised for her injuries, according to Bar and Bench. Her lawyer Aditya Vashishtnath submitted medical records to the court.


To which the bench replied, “Then you file a case for assault and marital cruelty. Why file a rape case?” However, in the final verdict, the bench stayed the man’s arrest for eight weeks and asked him to apply for bail.

India Scanner News Network

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