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rajiv_lodha (zz)     28 March 2012

376 ipc & dv.......contradict

In 376 IPC, matrimonial s*x even against the wishes of wife is not a crime. But in DV act, forcing s*x with un-consenting wife has been considered elidgible for" Domestic Violence"

Isnt it direct contradiction between these two??



Learning

 6 Replies

Ravi chaturvedi (Partner)     28 March 2012

forcing s*x on wife is not crime under section 376 but it is cruelity made on her as means of mental as well as phisical, which comes under the ambit of 498-A and domestic voilence act

HK_Jain... (498a Fighter)     29 March 2012

not in 498a its under DV.


(Guest)

Why to cover under 498-A. Please explain

Mr. rajeev is correct. No need to add further

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 April 2012

Hmmm, s*xual violence is a bad thing.

 

I understand that wife can not allege rape against husband, but then force in s*x would be bad for anyone.

 


Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

bhima balla (none)     01 April 2012

denial/withholding of s*x is/and should be considered a cruelty , enough for divorce. That is the correct thing. The courts can/ should be lenient on that. Especially since forcing s*x is cruel as well.

kumar101 (clerk)     01 April 2012

Rajiv is saying that contradictory statements are being made in 2 sections. Its legal in one and not legal under different section.

Renuka Chuadhary can make anything happen.


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