Forced sex in marriage can`t be called illegal, says Mumbai Court

The case pertains to the couple who got married in November 2020 following which the woman had complained that her husband had started having sex with her against her will. She also reportedly suffered paralysis due to this.

New Delhi: A Mumbai court on Friday (August 13, 2021) observed that forced sex in a marriage can't be called illegal. While hearing the grievance of a woman who reportedly suffered paralysis due to forcible sex by her husband, Mumbai Additional Sessions judge Sanjashree J Gharat said that the man cannot be held responsible for the same. 

"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 session court's order read. 

The case pertains to the couple who got married in November 2020 following which the woman had complained that her husband had started having sex with her against her will. She also reportedly alleged that she had suffered paralysis below her waist due to this. 

In her complaint, the woman also stated that her in-laws had put restrictions on her, taunted, abused and had also demanded dowry. However, the husband and his family refuted the allegations and had claimed protection from arrest.