forced sexual intercourse by a husband with his wife
sudhir saha
(Querist) 05 October 2016
This query is : Resolved
Sir,
I would like to know whether Forced sexual intercourse by a husband with his wife is a crime in IPC.
Sudhir Saha
adv.bharat @ PUNE
(Expert) 05 October 2016
It may be considered as marital rape with women.
Ms.Usha Kapoor
(Expert) 06 October 2016
The bill is pending in Parliament to decide whether Marital rape is a rape. Supreme court is throwing the ball back to executive to enact legislation.
Rajendra K Goyal
(Expert) 06 October 2016
Academic query, state material facts of the problem if any.
How are you concerned?
R.K Nanda
(Expert) 06 October 2016
Academic query.
R.K Nanda
(Expert) 06 October 2016
Academic query.
Kumar Doab
(Expert) 06 October 2016
What is your concern with this matter!
Dr J C Vashista
(Expert) 07 October 2016
Submit your reply to the question raised by experts, especially Mr. Kumar Doab.
Ms.Usha Kapoor
(Expert) 07 October 2016
Now let us close this discussion.
Kumar Doab
(Expert) 07 October 2016
Author may reply.
sudhir saha
(Querist) 07 October 2016
Sir,
The fact is my relative concerned.
A newly married young boy , sound in health , was slapped by her wife at first night of their social marriage for attempt to intercourse with her.She is not ashamed at all for this. She explains it in her circle as a forcible attempt without her consent/ willing and a crime. She could not tolerate the attempt.
Sudhir Saha
Guest
(Expert) 07 October 2016
May be husband-wife, but forcible attempt of intercourse can definitely be termed as a rape, may be marital rape.
Your friend should have some patience.
Rajendra K Goyal
(Expert) 08 October 2016
Agree with the expert P.S. Dhingra ji.
Kumar Doab
(Expert) 08 October 2016
Until or unless bride is sick and unable, it is customary that husband shall approach the newly wed wife for 1st coitus of married life and consummate the marriage.
Mere approach; may not be application of force.
Dr J C Vashista
(Expert) 09 October 2016
It is a pure hypothetical and academic query.
Whom do you refer to as relative, i.e., husband or wife?
In either case, no wife would behave in the manner as stated by you, I do not accept/believe the story to be true.
Guest
(Expert) 09 October 2016
Dear Dr. Vashista,
Some people think as if the persons, whom they are addressing are also insensible like them. The author also seems to belong to the same category.
Kumar Doab
(Expert) 09 October 2016
>>> Probably you are on bridegroom' side.
You have posted that;
"The fact is my relative concerned.
A newly married young boy.
"She could not tolerate the attempt." :::: ''She is not ashamed at all for this. She explains it in her circle as a forcible attempt without her consent/ willing and a crime. She could not tolerate the attempt.'
The internet has thrown open the doors of information, on one click of mouse, one can enter, world of information.
Not necessarily the knowledge.
>>> A Special Fast Track Court in New Delhi has ruled that intercourse between husband and wife, even if forcible, is not rape.
IN THE COURT OF SH. VIRENDER BHAT, A.S.J. (SPECIAL
FAST TRACK COURT), DWARKA COURTS, NEW DELHI.
SC No.1/14.
Unique Case Id;02405R0349722013
State vs Vikash
FIR No;256 Dt;17.10.2013
http://www.livelaw.in/marital-sex-even-forcible-rape-delhi-court-read-judgment-close-look-law-relating-marital-rape-india/
Go thru the debate and judgment.
>>> The husband and wife both should act to save the institution of marriage.
Both should understand that it si not their own lives alone, but all including but not limited to: aged parents, brothers, sisters, etc etc is also affected by their own conduct in their independent lives.
Guest
(Expert) 09 October 2016
In this case, wife did not seem to have acted to save the institution of marriage, as the statement "slapped by her wife at first night of their social marriage," of the author reveals. May that be for whatever reason. The question arises, how she can justify slapping of the husband on the very first night, instead of convincing him in a gentle manner about her unwillingness?
Kumar Doab
(Expert) 10 October 2016
The courts of law have delivered path breaking judgments and have been sensitive to the issues of both husband and wife.
Such conduct of wife may not go ignored.
Kumar Doab
(Expert) 10 October 2016
A spoilt honeymoon and subjecting the husband and his family to "worst kind of mental cruelty" by leveling false accusations, have been held as grounds for divorce in a case by the Delhi High Court.
The High Court has dubbed the case as an "exception" in which "the marriage could not take off right from inception" between the couple who were in the age group of 30 plus at the time of marriage and were "quite mature".
Kumar Doab
(Expert) 10 October 2016
IN THE HIGH COURT OF DELHI AT NEW DELHI
MAT.APP.(F.C.) 68/2015
ANU SETH
versus
SUNIL SETH
http://lobis.nic.in/ddir/dhc/PRA/judgement/03-10-2016/PRA30092016MATFC682015.pdf
In the case of arranged marriages where both the spouses are in the age group of 30 plus, honeymoon period is the best time to know, understand and come close to each other. This case is an exception in the sense that just a day after the marriage the parties left for their honeymoon to Shimla and returned with bitter memories and a spoiled honeymoon.
2. Before applying for dissolution of marriage on the ground of cruelty, the respondent/husband has shown exceptional patience in dealing with the problem inspite of facing humiliation and scandalous allegations being made against him and his family members.
3.Before replying the legal notice, again the respondent/husband tried to resolve the issues through their counsel by assuring of a separate accommodation for her on the assurance that none from their respective family would interfere for 5-6 months during that period. Even that did not succeed.
4. When the complaint before CAW Cell was filed on May 26, 2005, the respondent/husband while requesting for a copy of the complaint to properly reply the same the concluding lines written by him are that : ‘I again request the authority to make her understand that marriage is solemnised to form the family and not to destroy the sanskar of marriage please.’
7. The differences started just a day after when the parties went to Shimla for their honeymoon on February 02, 2004. The reasons given by the parties for the unpleasant honeymoon are: (i) As per the respondent/husband, the appellant/wife did not allow him to consummate the marriage and tried her best to avoid him in the process. Not only that, she even threatened to commit suicide if he dare touch her body against her mood, willingness and consent.
31. It is a marriage which could not take off right from inception as the worst kind of mental cruelty was faced by the respondent/husband during his honeymoon and thereafter. All his efforts to save the marriage by arranging various meetings, visiting the parental home of the appellant/wife, agreeing to take a separate accommodation to keep her, statement by the mother-inlaw of the appellant/wife before CAW Cell that let them (parties to the marriage) live happily wherever they want, could not save this marriage. After she left the matrimonial home on April 03, 2004, for the last more than 12 years, she has been litigating not only against her husband and his family members but also do not hesitate to implicate the advocate for her husband in the criminal case as well Sh.Trilochan Singh, a neighbour of her husband.
32. We are of the considered opinion that the conduct of the appellant/wife in the instant case was such that it was not possible for the husband to bear such type of cruelty.
33. The appeal has no merits and the same is hereby dismissed
Kumar Doab
(Expert) 10 October 2016
Both parties should understand that it is not their own lives alone, but lives of others::: including but not limited to: aged parents, brothers, sisters, etc etc are also affected by their own conduct in their independent/married lives.
The conduct of husband or wife should not be say; perverse!
Both should respect each other's dignity.
The advocacy for criminalization of marital rape as well but this was rejected due to apprehension that it would dent the institution of arranged marriages and lead to frivolous complaints.
The conduct of husband in both cases; query, judgment was neither perverse, unnatural.
