The Gujarat High Court has ruled that intimacy between married partners must be consensual and cannot be forced, while rejecting an anticipatory bail plea filed by a man accused of subjecting his wife to physical abuse, dowry harassment and forcible unnatural sex.
Observing that forcing a spouse into non-consensual sexual acts causes severe physical pain as well as mental and emotional trauma, Justice Divyesh Joshi said marriage cannot be treated as an automatic or permanent consent for sexual relations. “Intimacy is normal between married couples, but it must always be consensual and based on mutual respect,” the court noted.
The court also remarked on the sensitive nature of such cases, stating that women generally do not come forward to report such abuse unless the harassment crosses the limits of tolerance.
Calling the accused a “repeat offender,” the court noted that this was his second marriage and that his first wife had made similar allegations against him. This, the court said, highlighted the seriousness of the accusations. The alleged offences of physical and sexual assault within marriage were described as grave in nature.
According to the case details, the woman met the Gurugram-based businessman after his divorce, and the two married in 2022. She later filed an FIR in April last year, citing continuous harassment and abuse. The complaint includes serious allegations such as cigarette burns on private parts, use of abusive language, and being forced into unnatural sexual acts against her will. The wife’s counsel also submitted WhatsApp chats to support claims of the husband’s aggressive behaviour.
The husband denied all allegations, arguing through his counsel that the FIR was filed as retaliation to his divorce petition. He claimed the complaint was motivated by personal vendetta and that the allegations were vague, lacking specific details such as dates, places or circumstances of the alleged incidents.