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Forced sex in marriage: Cannot call it illegal, says Mumbai court, grants bail to accused husband

The woman has alleged that the forced sex caused her paralysis. (Representative image)Forced sex in marriage: Cannot call it illegal, says Mumbai court, grants bail to accused husband

Mumbai Additional Sessions judge Sanjashree J Gharat observed that the grievance of a woman who had accused her husband of committing sexual intercourse with her against her wish does not stand legal scrutiny.

The judge said that the accused "being the husband cannot be said that he committed any illegal thing".

As per the prosecution, the woman got married on November 22, last year. The woman has told the police that after the wedding, her husband and his family started putting restrictions on her and also made taunts, abused her and even started demanding money.

The woman alleged that a month after the wedding, the husband had sex with her against her wish.

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On January 2, the couple had gone to Mahabaleshwar, a hill station near Mumbai, where he did it again. After that, the woman alleged that she started to feel unwell and went to see a doctor. After examination, the doctor informed her that she had suffered paralysis below her waist.Forced sex in marriage: Cannot call it illegal, says Mumbai court, grants bail to accused husband

It was after this that the woman registered an FIR in Mumbai against her husband and others, who later approached the court with an anticipatory bail application.

During the hearing, the husband and his family said that they were being falsely implicated in the offence and that there was no demand for dowry.

They told the court that the husband too had filed a case against the woman and some of the family members who had been accused by her said that they lived in Ratnagiri and had come to live with the couple only for two days. Another family member said that she was pregnant.

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The prosecution opposed the anticipatory bail plea being granted to the accused. However, the judge noted that while the woman had complained against dowry demand, she did not say how much the demand was for.

Moreover, the judge noted that the issue of forced sex does not stand a legal ground. Judge Gharat said, "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."