Unnatural sex with wife not rape, consent immaterial: HC


BHOPAL: Observing that marital rape is not an offence under IPC, Madhya Pradesh HC has ruled that unnatural sex with wife is not rape, and her consent is immaterial in such cases.

Justice G S Ahluwalia made the observation while quashing an FIR registered by an estranged wife against her husband under IPC sections 377 (unnatural sex) and 506 (criminal intimidation).


一名处于分居阶段的妇女根据《印度刑法》第377条(非自愿性行为)和506条(刑事恐吓)对丈夫提起指控立案,G S Ahluwalia法官在撤销指控时提出了这一意见。

In his May 1 order, the judge referred to several judgments of the Supreme Court and high courts, and the definition of rape under section 375 of IPC, and stated that a husband engaging in anal sex with his wife did not amount to rape, even if it were non-consensual, as long as the wife was not below 15 years of age.

According to the husband’s petition, the couple got married in May 2019, but the wife has been living at her parental house since Feb 2020. She filed a case of dowry harassment against her husband and in-laws, which is pending in court. In July 2022, the wife lodged another FIR accusing him of unnatural sex.





• 3 hours ago

however it is domestic violence under 498




• 3 hours ago

Why didn't Godi change this law? because people will not like it and his own people commit such acts. Therefore in India is allowed.




V Ravikanth • Hyderabad • 4 hours ago

For this valuable judgement from the courts, there are similar cases against husbands by wives have been pending for several years in family courts. In one way, the civilized society says that we have no right to touch even the spouse as taken it granted for such merry activities without her consent as she is being a separate identity and individuality and to honour her feelings.




• 4 hours ago

worst judgement




• 5 hours ago

Send the judge for mental evaluation.  




User • 5 hours ago

which age is the judge living in... this is what happens when the collegium decides on who will be judge.... ridiculous




• 5 hours ago

Dont agree , without consent its rape only , just he cant use the position of power , its aginst relgious oath also taken during marriage.




Akbar • 5 hours ago

Disgusting law. judges in our country have really gone nuts




• 5 hours ago

Finally some sensible judgement.




M D • Mumbai • 6 hours ago

Take harsh action against any false complaint. Put the complete family behind bar. One should not misuse the law.




Citizen • 6 hours ago

All facts related to such cases are not the reality but imagination of lawyers




Tchakr • Dakshin Prayadvipiya Pathar • 6 hours ago

Even before clicking, I expected this to be Bhopal, due to the Nawabi Shauq. However on other hand, this seems to be a frame-up since this is part of second thought, not original accusation.




• 6 hours ago

non sense. The judgement is absurd. All three acts as mentioned are illegal except the middle one which is natural sex , meant for reproduction. Ahluwalia ji must be retired. as early as possible




• 6 hours ago

A rightful judgement. Here the case for unnatural sex was filed in 2022, whereas she has been living separately since 2020. Prior to filing this case, she also filed a case for dowry. So, the case is for harassing her husband and to extort the money.




• 6 hours ago

Down Down with our judiciary.




• 6 hours ago

Non consensual sex, outside or inside marriage is rape.,How do learned judges give such verdicts that defeat humanity??




• 6 hours ago

The judgement appears to be taking the wife's will granted, just because she being a wife ! Is being a wife equivalent to being a slave ?




• Jagannadha Rao • 4 hours ago

Surprised just how many men are for the judicial precedent set here. They are all probably thinking 'now I don't have to ask her and I can hurt her any way I want'! What a perverse judgment. Zero application of mind. Rape is rape boss. Just because Indian men like to force themselves upon their women does not make it automatically legal or moral.




User • 6 hours ago

what do u mean, u mean husband has complete powers on her. he can do whatever he wants with her. no need of consent. plz reconsider and judge. thnx.




• 6 hours ago

Decision shows the knowledge level,IG of judges . Although proving consent or no consent is almost impossible, there has to be a way by which rape can be punished .




Jagdish Madan • Unknown • 7 hours ago

It is more than obvious that the Collegium is doing a poor job of selecting judges!




• 7 hours ago

cooked stories of 498A, false cases used to extort money from husband and in-laws. 99.9% cases are falsely put up in family courts.




• 7 hours ago

Animals are far better then Humans……this judge should be ashamed of himself.,Disgusting




• Gratitude works... • 7 hours ago

Even animals particularly Simians ( chimpanzees ) are known to have this behaviour





there could be a false case filed by wife with husband.nowadays girls parent trying sideline boys family after marriage and putting false allegations to show their dominance incuding filing dowry harassment charges.




Mohammad Khan

rightly passed the judgment





How can court examine the evidence about whathappened in the bedroom of a married couple?What if the case is false?




Ram singh

There must be law for 15 years jail for filing fakecases to contain the feminism...




Abhishek Pande

Hope a copy of this judgement is given to his daughter and all female members of his family as a marriage gift and they say thank you to this senseless judge




Raju G7 hours ago

whole world...knows women use false cases against husband to satisfy her ego. Good judgement by honorable Judge


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