Challenge to the Marital Rape

Exception
Hrishikesh Sahoo v State of Karnataka

CASE DESCRIPTION

In 2017, a woman filed a complaint against her husband,

Hrishikesh Sahoo, accusing him of multiple offences under
the Indian Penal Code, 1860 (IPC), including rape, cruelty and
making threats of causing harm. He was also accused of
abusing their daughter and was charged with sexual assault
under the Protection of Children from Sexual Offences Act,
2012 (POSCO).
While the case was pending at the Sessions Court, Sahoo
filed a writ petition at the Karnataka High Court. He invoked
the ‘marital rape exception’ in the IPC and pled for the
charges against him to be dropped. This exception can be
found under Section 375 of the Indian Penal Code, 1860 (IPC).
Section 375 defines amounts as “rape” and under what
circumstance. The provision states that any medical
intervention or procedure does not amount to rape. The
second exception states, “Sexual intercourse or sexual acts
by a man with his own wife, the wife not being under fifteen
years of age, is not rape”. This exception is termed as the
‘marital rape exception’ invoked by Sahoo.
On 23 February 2022, Justice M. Nagaprasanna rejected the
petitioner’s plea. The High Court relied on the the Justice J.S.
Verma Committee report (2013) which recommended deleting
the marital rape exception. It held that the exception
was regressive and violated the right to equality by treating
the wife as subordinate to her husband. The High Court held,
“no exception under law can be so absolute that it becomes a
license for the commission of a crime against society”.
Sahoo filed a Special Leave Petition at the Supreme Court of
India on 10 May 2022, challenging the High Court’s decision.
A 3-judge Division Bench comprising former Chief Justice N.V.
Ramana, and Justices Krishna Murari and Hima Kohli, passed
an interim stay on the High Court Judgment on 19 July 2022.
The State of Karnataka filed an affidavit expressing its
support for the High Court’s decision.
Meanwhile, at the Delhi High Court, an NGO RIT Foundation,
collectively with other parties, filed petitions challenging the
marital rape exception. On 11 May 2022, a Bench comprising
Justices Rajiv Shakdher and C. Hari Shankar delivered a split
verdict in the case. Justice Shakdher stated that the
exception was unconstitutional as it was discriminatory and
violated a woman’s bodily autonomy and expression. On the
other hand, Justice Shankar held that in the institution of
marriage, sexual relations whether consensual or non-
consensual, are a legitimate expectation making the
exception to rape legal. Both Judges granted permission to
the parties to appeal the decision at the Supreme Court.
In late 2022, Dalit activist Ms. Ruth Manorama filed a fresh
petition at the Supreme Court challenging the marital rape
exception. On 9 January 2023, a Bench comprising Chief
Justice D.Y Chandrachud and Justice P.S
Narasimha clubbed these petitions and listed them all for
hearing on 21 March 21 2023.
On 21 December 2023, Parliament passed the Bharatiya Nyaya
Sanhita, 2023. Section 63 of the Act which deals with the act of
“rape” also includes the same marital rape exception as found under
Section 375 of the IPC.
The case remained unheard for about a year until in January 2024
where it was listed for hearing before a bench of CJI Chandrachud
and Justices J.B. Pardiwala and Manoj Misra.
On 4 October 2024, the Union government filed an affidavit opposing
the striking down of the marital rape exception. The 49-page affidavit
is said to be the first time where the Union has opposed the removal
of the exception. The affidavit stated that while the husband has no
right to deprive the fundamental right of a woman, describing this
violation as “rape” under the “institution of marriage can be arguably
considered to be excessively harsh and therefore, disproportionate.” It
stated that marital rape should be made illegal and criminalised as “a
woman’s consent is not obliterated by marriage…However, the
consequences of such violations within marriage differ from those
outside it.” However, it relied on other provisions in the IPC and the
Protection of Women from Domestic Violence Act, 2005 which are
equipped to “ensure serious penal consequences for such violations”.
Nimeshbhai Bharatbhai Desai vs State Of Gujarat on 2 April, 2018
amount to rape punishable under section 376 of the IPC. 2. Marital rape is in existence in India,
a disgraceful offence that has scarred ... following three kinds of marital rape, generally
prevalent in the society; * Battering rape: In this type of marital rape, women experience both
physical and sexual
Gujarat High Court Cites 131 - Cited by 5 - J B Pardiwala - Full Document

Independent Thought vs Union Of India on 11 October, 2017

have refrained from making any observation with regard to the marital rape of a woman who is
18 years of age and above since that ... existed in 2006, to decriminalize marital rape of a girl
child. 20. The National Charter was followed by the National Policy for Children notified
Supreme Court of India Cites 138 - Cited by 172 - M B Lokur - Full Document

Farhan vs State & Anr on 11 May, 2022

Section 375 of the IPC, which is ubiquitously referred to as Marital Rape Exception [hereafter
referred to as 'MRE'] should be struck down ... legislature under Article 246 of the Constitution.
The issue concerning marital rape/spousal sexual violence requires consideration of various
aspects including social, cultural and legal
Delhi High Court Cites 355 - Cited by 0 - R Shakdher - Full Document

Nimeshbhai Bharatbhai Desai vs State Of Gujarat & on 6 November, 2017

amount to rape punishable under section 376 of the IPC. 2. Marital rape is in existence in India,
a disgraceful offence Page ... following three kinds of marital rape, generally prevalent in the
society; * Battering rape: In this type of marital rape, women experience both physical and
sexual
Gujarat High Court Cites 3 - Cited by 0 - J B Pardiwala - Full Document

Xxxxx @ Xxxxx vs State Of Karnataka on 23 March, 2022

Xxxxx @ Xxxxx vs State Of Karnataka on 23 March, 2022 Author: M. Nagaprasanna Bench: M
Karnataka High Court Cites 89 - Cited by 0 - M Nagaprasanna - Full Document

Devipoojak Mukeshkumar Kanjibhai vs State Of Gujarat on 23 August, 2021

rape? The Court is not concerned here with regard to the marital rape of a woman who is 18
years of age and above. (Paras
Gujarat High Court Cites 63 - Cited by 0 - A J Shastri - Full Document
Pradeep Tomar And Another vs State Of U.P. And Another on 27 January, 2021
recourse to law under the provisions of IPC notwithstanding that the marital rape could degrade
and humiliate her, destroy her entire psychology pushing her into ... While we are not concerned
with the general question of marital rape of an adult woman but only with marital rape of a girl
child
Allahabad High Court Cites 30 - Cited by 32 - Full Document

205Th Report On Proposal To Amend The Prohibition Of Child Marriage Act,

2006 And ...
Indian Penal Code exempts a husband from the charge of rape if his wife is not under 15 years
of 9 age. The Petition sees ... deletion of the explanation under Section 375 IPC under
which marital rape is not considered rape unless the wife is under 15 years
Law Commission Report Cites 43 - Cited by 0 - Full Document

Independent Thought vs Union Of India & Anr on 3 May, 2023

Code of Criminal, 1973 allowing minor victims of marital rape to have benefits of file compliant
till the age of 20 years in consonance with ... protection of rights of minor girl children who are
victims of marital rape as it restricts the right of such minor victims to legal remedy
Delhi High Court Cites 23 - Cited by 4 - Manmohan - Full Document

Devipoojak Mukeshkumar Kanjibhai vs State Of Gujarat on 23 August, 2021

rape? The Court is not concerned here with regard to the marital rape of a woman who is 18
years of age and above. (Paras
Gujarat High Court Cites 63 - Cited by 0 - A J Shastri - Full Document

Dr. Kirti Bhushan Mishra vs State Of Uttarakhand And Another on 19 July, 2024
case has a wide ramification. It touches upon the aspect of marital rape as well as effect of
amendment incorporated in Section ... aforesaid judgment also it appears that protection of a
person from marital rape still continues in the case where wife is of 18 years
Uttarakhand High Court Cites 35 - Cited by 0 - R Maithani - Full Document

Raju Ahmed Laskar vs The State Of Assam And Anr on 9 June, 2023
abuse. In the absence of a law that protects women against marital rape, women who are
forced into having non-consensual sex with their husbands ... left with no means of legal remedy
or relief. The term marital rape refers to non-consensual intercourse by a man with his wife,
obtained
Gauhati High Court Cites 12 - Cited by 0 - M Nandi - Full Document

X vs The Principal Secretary Health And ... on 29 September, 2022

weeks, namely— (a) survivors of sexual assault or rape or incest; (b) minors; (c) change
of marital status during the ongoing pregnancy (widowhood and divorce
Supreme Court of India Cites 119 - Cited by 47 - D Y Chandrachud - Full Document

Daya Ram And Anr vs State Of Haryana And Others on 10 June, 2021
follows from this that even though the IPC decriminalizes the marital rape of a girl child, the
husband of the girl child would nevertheless ... punishment for the respective offences is the
same, except that the marital rape of a girl child between 15 6 of 12 ::: Downloaded
Punjab-Haryana High Court Cites 19 - Cited by 1 - M Bajaj - Full Document

Society For Enlightenment And ... vs Union Of India on 18 October, 2024

called for raising the minimum age of consent for women in penal rape statutes. The idea
behind the demand for raising the age of consent ... stipulated the age of consent to be ten
years and criminalised marital rape by a husband against his wife under the age of consent
Supreme Court of India Cites 128 - Cited by 0 - D Y Chandrachud - Full Document

Sanjeev Gupta vs State Of U.P. And Anr. on 6 December, 2023

Sanjeev Gupta vs State Of U.P. And Anr. on 6 December, 2023 HIGH COURT
Allahabad High Court Cites 46 - Cited by 0 - Full Document

Ranjeet Dhonkal vs The State Of Madhya Pradesh on 18 March, 2024

relevant in present revision also, it can be observed that marital rape has not been criminalized
in this country as yet. However, same petitions ... pending for consideration before the Supreme
Court for criminalizing marital rape, as currently there is no criminal penalty
for marital rape when the wife
Madhya Pradesh High Court Cites 18 - Cited by 0 - P C Gupta - Full Document

Nirbhaya vs The Union Of India on 13 April, 2023

offences defined in 375 of IPC including the exception provided for marital rape, as being ultra
vires Articles 21 , 13 & 14 of the Constitution ... capital punishment without sentencing discretion
(including compoundability of marital rape) as being consonant with the
https://www.mhc.tn.gov.in/judis Page
Madras High Court Cites 6 - Cited by 0 - G K Ilanthiraiyan - Full Document

Discussion On The Motion For Consideration Of The Repealing And Amending

Bill, ... on 29 July, 2019
Section 375 of the IPC, it still gives legal sanction to marital rape. The point is that it removes
the exemption now for those ... sexual abuse experienced by women and to remove the
exception of marital rape. The Verma Committee recommended that; it has not come in.

Neelansh Gupta vs State on 11 July, 2024

marriage while residing together can be said to be guilty of marital rape or in other words,
whether consent of wife residing along with ... absence of consent of wife for unnatural act loses
its importance. Marital rape has not been recognized so far. 18. Under these circumstances,
this Court
Delhi District Court Cites 19 - Cited by 0 - Full Document

Aparna Bhat vs The State Of Madhya Pradesh on 18 March, 2021

sexual abuse of female children in the household, dowry-related violence, marital rape, female
genital mutilation and other traditional practices harmful to women, non-spousal
Supreme Court of India Cites 44 - Cited by 1622 - S R Bhat - Full Document

The Chairman, Railway Board & Ors vs Mrs. Chandrima Das & Ors on 28
January, 2000
sexual abuse of female children in the household, dowry-related violence, marital rape, female
genital mutilation and other traditional practices harmful to women, non-spousal
Supreme Court of India Cites 51 - Cited by 283 - S S Ahmad - Full Document

Court On Its Own Motion (Lajja Devi) vs State on 27 July, 2012

Court On Its Own Motion (Lajja Devi) vs State on 27 July, 2012 Equivalent citations
Delhi High Court Cites 58 - Cited by 49 - A K Sikri - Full Document

Devshree Bandhe vs Chhattisgarh State Power Holding ... on 20 February, 2017

circumstance has become anachronistic, the husband can be convicted of rape under the
Sexual Offences (Amendment) Act, 1976, if he was sexual intercourse
with ... rape : marital exemption), (1991) 4 All Er 481 : (1992) 1 AC 599 : (1991) 3 WLR 767
(HL) 17 A.G. v. Edison Telephone
Chattisgarh High Court Cites 36 - Cited by 44 - S Agrawal - Full Document

Manish Kumar And Another vs State Of U.P. And 7 Others on 31 May, 2021
Manish Kumar And Another vs State Of U.P. And 7 Others on 31 May
Allahabad High Court Cites 69 - Cited by 16 - Full Document

Gaya Prasad Pal @ Mukesh vs State on 9 December, 2016

Gaya Prasad Pal @ Mukesh vs State on 9 December, 2016 Author: R.K. Gauba Bench
Delhi High Court Cites 55 - Cited by 8 - R K Gauba - Full Document

Mrs. Pragati Varghese And Etc. vs Cyril George Varghese And Etc. on 6 May,
1997
Mrs. Pragati Varghese And Etc. vs Cyril George Varghese And Etc. on 6 May, 1997
Bombay High Court Cites 64 - Cited by 8 - Full Document

Smt. Sudesh Jhaku vs K.C.J. And Others on 23 May, 1996

perhaps, Mr. Jaitley felt that there was need for expanded understanding of rape in the law and
that it was time to give ... female's right to her bodily integrity. The fact that marital rape is
protected, whatever be the considerations, is a pointer towards that
Delhi High Court Cites 21 - Cited by 11 - Full Document

Gagan Harsh Sharma And Anr vs The State Of Maharashtra And Anr on 26
October, 2018
Gagan Harsh Sharma And Anr vs The State Of Maharashtra And Anr on 26 October
Bombay High Court Cites 72 - Cited by 14 - B Dangre - Full Document

Kamaljeet Singh (In Judicial Custody) vs State on 29 January, 2008

Kamaljeet Singh (In Judicial Custody) vs State on 29 January, 2008 Equivalent citations:
148(2008
Delhi High Court Cites 60 - Cited by 8 - R Khetrapal - Full Document

Vishal Dadlani vs State Of Haryana And Anr on 29 April, 2019

Vishal Dadlani vs State Of Haryana And Anr on 29 April, 2019 Equivalent citations: AIRONLINE
Punjab-Haryana High Court Cites 35 - Cited by 7 - A S Sangwan - Full Document

Kunal Mahendrabhai Naginlal Patel vs State Of Gujarat on 14 December, 2021

consideration; (I) Whether a husband can be prosecuted for the offence of rape punishable
under section 376 of the IPC at the instance ... Whether there is any concept of marital rape?
(IV) Whether the acts complained by the wife in her first information report would fall within
Gujarat High Court Cites 13 - Cited by 1 - A Joshi - Full Document

Dilip Pandey vs State Of Chhattisgarh on 23 August, 2021

spelt out against applicant No. 1, because, in India, marital rape is not recognized and the
same is not an offence in view of Exception
Chattisgarh High Court Cites 7 - Cited by 1 - Full Document

Smt. Sadhna Agrawal vs State Of Chhattisgarh on 3 January, 2017

rape : marital exemption), (1991) 4 All Er 481 : (1992) 1 AC 599 : (1991) 3 WLR 767 (HL) 16
A.G. v. Edison Telephone
Chattisgarh High Court Cites 34 - Cited by 0 - S Agrawal - Full Document

Gagan Harsh Sharma And Anr vs The State Of Maharashtra And Anr on 26
October, 2018
Gagan Harsh Sharma And Anr vs The State Of Maharashtra And Anr on 26 October
Bombay High Court Cites 72 - Cited by 0 - B Dangre - Full Document

Kishorsinh vs State on 25 January, 2010

marriage was invalid, this would not be a case of marital rape and, therefore, all limitations and
reduced sentence provided under Section ... already married refused to examine the allegations
in the complaint as marital rape. In view of above, this application is dismissed. Notice is
discharged. (AKIL
Gujarat High Court Cites 3 - Cited by 0 - A Kureshi - Full Document

"A" Through Her Father "F" vs State Of U.P. Thru Secretary Medical & ... on 3
November, 2015
"A" Through Her Father "F" vs State Of U.P. Thru
Allahabad High Court Cites 55 - Cited by 0 - Full Document

Meena & Anr. vs State & Anr. on 17 October, 2012

rape, thus ruling out the possibility of marital rape when the age of wife is above fifteen years.
On the other hand, if the girl ... girl amounts to rape? It is rather shocking to note the specific
relaxation is given to a husband who rapes his wife, when she happens
Delhi High Court Cites 13 - Cited by 0 - Manmohan - Full Document
Thangavel vs State Through on 2 March, 2018
also indicates that there had been domestic violence of cruelty and marital rape suffered by the
wife and ultimately, that has led to the accused
Madras High Court Cites 6 - Cited by 0 - Full Document

Dalip Kumar vs State Of Uttarakhand And Another on 8 October, 2024

Dalip Kumar vs State Of Uttarakhand And Another on 8 October, 2024 Author: Rakesh
Thapliyal
Uttarakhand High Court Cites 82 - Cited by 0 - R Thapliyal - Full Document

Dalip Kumar vs State Of Uttarakhand And Another on 8 October, 2024

Dalip Kumar vs State Of Uttarakhand And Another on 8 October, 2024 Author: Rakesh
Thapliyal
Uttarakhand High Court Cites 82 - Cited by 0 - R Thapliyal - Full Document

Sumit Pathak vs The State Of Madhya Pradesh on 1 July, 2024

impact of subsequent repeal, no offence is made out regarding marital rape due to Exception
No.2 as contained in Section
Madhya Pradesh High Court Cites 38 - Cited by 0 - A Pathak - Full Document

Sarvesh Chandra Pathak vs The State Of Madhya Pradesh on 1 July, 2024

impact of subsequent repeal, no offence is made out regarding marital rape due to Exception
No.2 as contained in Section
Madhya Pradesh High Court Cites 38 - Cited by 0 - A Pathak - Full Document

Major Amit Pathak vs The State Of Madhya Pradesh on 1 July, 2024

impact of subsequent repeal, no offence is made out regarding marital rape due to Exception
No.2 as contained in Section
Madhya Pradesh High Court Cites 38 - Cited by 0 - A Pathak - Full Document

Major Amit Pathak vs The State Of Madhya Pradesh on 1 July, 2024

impact of subsequent repeal, no offence is made out regarding marital rape due to Exception
No.2 as contained in Section
Madhya Pradesh High Court Cites 38 - Cited by 0 - A Pathak - Full Document

Mr Suresh Gupta vs Municipal Corporation Raipur on 13 October, 2017

Mr Suresh Gupta vs Municipal Corporation Raipur on 13 October, 2017 Author: Sanjay K.
Agrawal
Chattisgarh High Court Cites 46 - Cited by 0 - S Agrawal - Full Document

Bhavinbhai Devshankarbhai Modha vs State Of Gujarat on 8 May, 2024

Karnataka High Court has been pleased to observe that exemption to marital rape is regressive
and would run counter to the principle of equality ... that the charge framed against the husband
due to exception to marital rape from the offence of rape as per Exception 2 to Section
Gujarat High Court Cites 36 - Cited by 0 - Full Document
Puspendra Singh vs State Of U.P And Aother on 1 February, 2024
Section 375 IPC, as it existed in 2006, to decriminalise marital rape of a girl child. 21. The
National Charter was followed by the National
Allahabad High Court Cites 44 - Cited by 0 - Full Document

Gaurav Sinha vs State Of Himachal Pradesh on 24 July, 2024

Gaurav Sinha vs State Of Himachal Pradesh on 24 July, 2024 Author: Sandeep Sharma Bench
Himachal Pradesh High Court Cites 32 - Cited by 0 - S Sharma - Full Document

Gaurav Sinha vs State Of Himachal Pradesh on 24 July, 2024

Gaurav Sinha vs State Of Himachal Pradesh on 24 July, 2024 Author: Sandeep Sharma Bench
Himachal Pradesh High Court Cites 32 - Cited by 0 - S Sharma - Full Document

Sanjay Ghiya S/O Late Shri Ram Narain ... vs Union Of India on 4 March, 2022
Sanjay Ghiya S/O Late Shri Ram Narain ... vs Union Of India on 4 March
Rajasthan High Court Cites 38 - Cited by 0 - A K Dhand - Full Document

Mr. Shashank Harsh vs The State Of Madhya Pradesh on 28 May, 2024

fifteen years will not be rape. Therefore, in view of the amended definition of "rape" under
Section 375 of IPC by which ... absence of consent of wife for unnatural act loses its
importance. Marital rape has not been recognized so far. 1 8 . Under these circumstances, this
Madhya Pradesh High Court Cites 25 - Cited by 0 - P N Singh - Full Document

Probhat Purkait @ Provat vs The State Of West Bengal on 18 October, 2023

once again raised to 16 years and to 15 years for marital rape. For 63 years, the age of
consent for sexual intercourse stood ... Sections 15 , 18(3) ]. 17. In 2017,
the marital rape exception in the IPC , as per which sexual intercourse by a man with his wife
Calcutta High Court (Appellete Side) Cites 27 - Cited by 0 - Full Document

Raji And Another vs State Of Punjab on 1 October, 2020

existed in 2006, to decriminalize marital rape of a girl child. 20 to 87. XXXX XXXX XXXX XXXX
88. We must not and cannot forget ... this Court has not dealt with the wider issue of
"marital rape", Exception 2 to Section 375 IPC should be read down
Punjab-Haryana High Court Cites 21 - Cited by 0 - A S Sangwan - Full Document

Vishal Yadav vs The State Of Madhya Pradesh on 1 July, 2024

1943/2023 subsequent repeal, no offence is made out regarding marital rape due to Exception
No.2 as contained in Section
Madhya Pradesh High Court Cites 28 - Cited by 0 - A Pathak - Full Document

Anjanaben W/O Bhavinbhai ... vs State Of Gujarat on 8 December, 2023

Constitution, the rights are equal; protection is also equal. 13. Marital rape is illegal in 50
American States, 3 Australian States, New Zealand, Canada, Israel
Gujarat High Court Cites 18 - Cited by 0 - Full Document
Village Pudnallah vs Shiv Chand And Another on 29 April, 2022
wife, the wife not being under eighteen years of age, is not rape." It is only through this reading
that the intent of social ... have not at all dealt with the larger issue of marital rape of adult
women since . that issue was not raised before
Himachal Pradesh High Court Cites 17 - Cited by 0 - Full Document

Village Pudnallah vs Shiv Chand And Another on 29 April, 2022

wife, the wife not being under eighteen years of age, is not rape." It is only through this reading
that the intent of social ... have not at all dealt with the larger issue of marital rape of adult
women since . that issue was not raised before
Himachal Pradesh High Court Cites 17 - Cited by 0 - Full Document

Manohar S/O Kallolleppa Bilgi vs The State Of Karnataka on 15 September,

2020
wife not being under eighteen : 14 : years of age, is not rape." It is only through this reading that
the intent of social justice ... Exception 2 to proviso to Section 375. 18. The concept
of marital rape also would have to be considered in that a husband cannot force
Karnataka High Court Cites 15 - Cited by 0 - S Govindaraj - Full Document

Varun Slathia And Others vs . Divya Gupta on 24 May, 2019

victim's consent. This often takes the form of marital rape, attacking sexual body parts, physical
violence that is followed by forcing sex, sexually
Jammu & Kashmir High Court Cites 18 - Cited by 0 - S K Gupta - Full Document

Sadan vs State Of U.P. And 3 Others on 10 May, 2023

clarified that it has not dealt with the larger issue of ?marital rape? of an adult woman in the
present proceedings.? 15. In the present
Allahabad High Court Cites 23 - Cited by 0 - S S Shamshery - Full Document

Ramesh Patel vs The State Of Madhya Pradesh on 18 April, 2022

these documents, it is submitted that present applicant has committed marital rape and is yet
not an offence in the scheme of law and, therefore
Madhya Pradesh High Court Cites 15 - Cited by 0 - V Agarwal - Full Document

Mohd. Raja And Another vs State Of U.P. And Another on 13 July, 2021
from this that even though the Indian Penal Code decriminalizes the marital rape of a girl child,
the husband of the girl child would nevertheless
Allahabad High Court Cites 23 - Cited by 0 - V Agarwal - Full Document

Yogesh Vanabhai @ Vinodbhai Solanki vs State Of Gujarat on 30 April, 2019

learned trial court punished the appellant accused for commission of marital rape which has
already been saved in view of exception-2 to Section
Gujarat High Court Cites 17 - Cited by 0 - R P Dholaria - Full Document

Shyamanand Jha vs The State Of Bihar on 2 September, 2024

demanded articles, like scooter and colour TV. Gudiya was subjected to marital rape in Patna
High Court
Patna High Court Cites 13 - Cited by 0 - Full Document

Manish Sahu vs The State Of Madhya Pradesh on 1 May, 2024

marriage while residing together can be said to be guilty of marital rape or in other words,
whether consent of wife residing along with ... absence of consent of wife for unnatural act loses
its importance. Marital rape has not been recognized so far. 18. Under these circumstances,
this Court
Madhya Pradesh High Court Cites 10 - Cited by 0 - G S Ahluwalia - Full Document

Smt.J.H.Veronica @ J.H. Manila vs Mr.D.Anil Kumar Son Of Late Doreraja on 24

March, 2022
sexual abuse of female children in the household, dowry related violence, marital rape, female
genital mutilation and other traditional practices harmful to women
Karnataka High Court Cites 13 - Cited by 0 - S S Yadav - Full Document

Rohan S/O Shailendrakumar Rohitbhai ... vs State Of Gujarat on 22 July, 2024

2024 undefined Section 376 as the same would not amount to marital rape. 8. Learned
advocate Mr. Shethna further submitted there was no misrepresentation
Gujarat High Court Cites 12 - Cited by 0 - N S Desai - Full Document

Mahendra Singh vs The State Of Madhya Pradesh on 10 May, 2024

fifteen years will not be rape. Therefore, in view of the amended definition of "rape" under
Section 375 of IPC by which ... absence of consent of wife for unnatural act loses its
importance. Marital rape has not been recognized so far. 4. Counsel for the State
Madhya Pradesh High Court Cites 11 - Cited by 0 - V K Shukla - Full Document

Imran vs The State Of Madhya Pradesh on 31 May, 2024

fifteen years will not be rape. Therefore, in view of the amended definition of "rape" under
Section 375 of IPC by which ... absence of consent of wife for unnatural act loses its
importance. Marital rape has not been recognized so far. 4. Counsel for the State
Madhya Pradesh High Court Cites 13 - Cited by 0 - V K Shukla - Full Document

Pradeep Kumar vs State Of Karnataka on 9 March, 2023

victim girl and at the most, it is a case of marital rape and not at all a child abuse so as to
invoke
Karnataka High Court Cites 12 - Cited by 0 - V Srishananda - Full Document

Kalpesh Bhimrao Mahale vs The State Of Maharashtra on 1 February, 2022

aspect as to whether there should be a concept of marital rape as it can be taken a note of that
proceedings are pending before
Bombay High Court Cites 11 - Cited by 0 - V V Kankanwadi - Full Document

Dhanus Nair vs State Of Kerala on 29 October, 2018

rape much later. It was contended that, there was huge delay in moving the police with an
allegation of rape and unnatural offence. Learned counsel ... that this interpretation was only
prospective and does not affect the marital rape. 8. The allegations under sections 376 and
377 come only
Kerala High Court Cites 11 - Cited by 0 - S Thomas - Full Document

Prince Goyel vs The State Of Assam on 5 November, 2019

subjected to physical and mental torture. Even she was subjected to marital rape. Sodomy is
also alleged against the petitioner. During the course of hearing
Gauhati High Court Cites 8 - Cited by 0 - H K Sarma - Full Document

Saleem P.A vs Station House Officer on 17 December, 2019

which deals with the case of alleged marital rape, etc. It is in the light of these averments and
contentions that the petitioners have filed ... which deals with marital rape. It appears that it is
only on account of personal disputes, that the 3rd respondent has initiated impugned criminal
proceedings
Kerala High Court Cites 9 - Cited by 0 - A Thomas - Full Document

Usha Badri Poonawalla vs K. Kurian Babu on 9 January, 2002

various contexts, psychological violence. Violence against women takes several forms : rape,
child sexual abuse, trafficking in women, domestic violence, pornography, selective abortion of
female foetuses ... sexual abuse of female children in the household, dowry related
violence, marital rape, female genital mutilation and other traditional practices harmful to
women, non-spousal
Bombay High Court Cites 10 - Cited by 0 - D Y Chandrachud - Full Document

Anand Kumar @ Ricky @ Anand Kumar Gupta vs The State Of Bihar on 24

January, 2024
under Section 376 of the Indian Penal Code. The concept of marital rape has not gained
ground in the legal system of this country. However
Patna High Court - Orders Cites 7 - Cited by 0 - Full Document

Allowed In Re : Sakil Sk @Hossian vs Uou on 4 March, 2024

natural causes. Petitioner married to the victim and allegation of forcible rape is out and out
false. He prays for bail. 2. Learned lawyer ... Learned lawyer for the de facto complainant
submits petitioner had committed marital rape while the victim was under treatment. 4. We
have considered the materials
Calcutta High Court (Appellete Side) Cites 12 - Cited by 0 - Full Document

Anil Kumar vs The State Of Bihar on 29 November, 2022

land in Delhi and further allegation of unnatural sex and marital rape. Learned counsel
appearing on behalf of the petitioner submitted that as informant/victim
Patna High Court - Orders Cites 9 - Cited by 0 - C S Jha - Full Document

Lalit Man vs State Of U.P. And Another on 5 June, 2020

first marriage. Further, it has been submitted that there was marital rape committed in that
second marriage, and therefore, the applicant is not entitled ... been lodged by the victim on
12.04.2018 wherein, no allegation of marital rape etc. was made. Further considering the fact
that applicant has no criminal
Allahabad High Court Cites 8 - Cited by 0 - S D Singh - Full Document

Zeeshan vs State Of U.P. on 19 May, 2023

married wife against applicant, i.e., her husband, will fall under marital rape, which is not an
offence since victim is a girl of more
Allahabad High Court Cites 6 - Cited by 0 - S S Shamshery - Full Document

Tushar Harihar vs The State Of Maharashtra on 28 June, 2022

urged that the allegations in the FIR are not restricted to marital rape. There is a specific and
categorical allegation that even before marriage ... assault. And when she resisted, the
Applicant assaulted her. 13. Evidently, the marital discord immediately stuck the life of the
Applicant and the Respondent
Bombay High Court Cites 6 - Cited by 0 - N J Jamadar - Full Document

Sakshi Mehta vs State & Anr. on 10 December, 2019

case u/s 376IPC is made out against the accused as marital rape has not been recognized in
India till date. 17. Keeping in view
Delhi High Court Cites 6 - Cited by 0 - S K Kait - Full Document

Mutta Pinaben Bhadreshkumar vs State Of Gujarat on 6 September, 2023

made out. In the case of post-marital and forcible physical relation, as per section 375 of the
IPC, when wife is about ... instance of his wife as the marital rape is not covered under section
375 of the IPC. [6.0] In view of above discussion, no error
Gujarat High Court Cites 6 - Cited by 0 - Full Document

Birju Ram vs The State Of Bihar on 19 April, 2023

sustained. It is further argued that this is a case of marital rape. Evidence of the prosecution is
unbelievable as mother of the victim could
Patna High Court - Orders Cites 3 - Cited by 0 - A M Badar - Full Document

Ramesh Patel vs The State Of Madhya Pradesh on 18 April, 2022

submitted that allegation against the present applicant is of committing marital rape which is yet
not an offence in the scheme of law and, therefore ... girl child and now she is claiming that
applicant suppressed his earlier marital status and applicant forced her in a relation with him.
Shri Lakhera
Madhya Pradesh High Court Cites 4 - Cited by 0 - V Agarwal - Full Document

Hashim Khan vs The State Of Madhya Pradesh on 27 June, 2022

wife with the applicant on the date of incident, therefore marital rape has not yet been Date:
2022.06.27 14:22:43 IST accepted
Madhya Pradesh High Court Cites 5 - Cited by 0 - V Agarwal - Full Document

Diganta Deka vs The State Of Assam on 9 February, 2022

found that the allegation against the petitioner is of commission of marital rape to his wife
against her will. Learned counsel for the petitioner
Gauhati High Court Cites 4 - Cited by 0 - H K Sarma - Full Document

Amandeep Singh Saluja ... Applicant (In ... vs State Of Uttarakhand on 20

October, 2021
which reads as under:- "375. Rape- A man is said to commit "rape" if he- (a) penetrates his
penis, to any extent ... Exception (2) to Section 375 of I.P.C., concept of marital rape is alien to
Indian Penal Code . Exception (2) to Section
Uttarakhand High Court Cites 6 - Cited by 0 - M K Tiwari - Full Document

Pappu Singh vs State Of Bihar & Anr on 20 August, 2016

alcohol, he is in habit of torturing her and committing marital rape. Learned counsel for the
petitioner has submitted that the petitioner has been wrongly
Patna High Court - Orders Cites 3 - Cited by 0 - C S Singh - Full Document

Penal Code vs Allowed on 8 March, 2019

victim and has been falsely implicated in the allegation of marital rape. Learned lawyer for the
State opposes the prayer for anticipatory bail and submits
Calcutta High Court (Appellete Side) Cites 3 - Cited by 0 - Full Document

Praveen Kaushik vs State Of Uttarakhand And Another on 31 March, 2023

private respondent is living in adultery and she has also alleged marital rape against the
revisionist. 3 7. When requested, learned counsel for the revisionist
Uttarakhand High Court Cites 2 - Cited by 0 - R Maithani - Full Document

Ayesha Mishra vs Manas Ranjan Rath on 12 January, 2024

marriage but it cannot be on proof of allegation of marital rape. Mr. Behura submits, his client
too wants the marriage dissolved and she will
Orissa High Court Cites 1 - Cited by 0 - Full Document

Shafeeq vs State Of Kerala on 7 June, 2024

passed the following: ORDER Since the offence in this matter is marital rape and the parties
have been residing now also as husband and wife
Kerala High Court Cites 0 - Cited by 0 - Full Document

Ayesha Mishra vs Manas Ranjan Rath on 4 January, 2024

submits, sum and substance of the allegations regarding cruelty amount to marital rape by
respondent-husband in drunken state. There are other acts of cruelty
Orissa High Court Cites 0 - Cited by 0 - Full Document

Shahrukh Khan @ Kamar Khan vs The State Of Madhya Pradesh on 24 January,

2019
week's time to address on the question of `marital rape' and it's implications. List next week. R.
K. SHARMA
Madhya Pradesh High Court Cites 0 - Cited by 0 - Full Document
Combined Discussion Of Statutory Resolution Regarding Disapproval Of
Muslim ... on 25 July, 2019
Combined Discussion Of Statutory Resolution Regarding Disapproval Of Muslim ... on 25 July,
2019 Seventeenth Loksabha
Lok Sabha Debates Cites 0 - Cited by 0 - Full Document

Discussion On The Motion For Consideration Of The Muslim Women (Protection

Of ... on 28 December, 2017
Discussion On The Motion For Consideration Of The Muslim Women (Protection Of ... on 28
December
Lok Sabha Debates Cites 0 - Cited by 0 - Full Document

Deepak Sethi vs Ministry Of Women & Child Development on 25 January, 2017

copy of the recommendations of the Pam Rajput Committee on marital rape along with file
notings and copy of action taken report on the recommendations
Fir No. 166/11 5 State vs . Abhishek Etc. 1 Of 42 on 31 January, 2022
Fir No. 166/11 5 State vs . Abhishek Etc. 1 Of 42 on 31 January
State vs . Raja Ram Yadav on 17 May, 2013
rape, thus ruling out the possibility of marital rape when the age of wife is above fifteen years.
On the other hand, if the girl ... girl amounts to rape? It is rather shocking to note the specific
relaxation is given to a husband who rapes his wife, when she happens

Rihana vs Azzimuddin & Ors. 1/5 on 24 August, 2012

Under Section 375 (4) IPC, a man is said to have committed rape if he has sexual intercourse
with the woman with her consent when ... attracted in the present case. Even otherwise the
concept of marital rape is not recognized in the criminal justice system in India, unless and until
Delhi District Court Cites 9 - Cited by 0 - Full Document

State vs . Akshay Kumar S/O Sh. Prithivi Chand. on 22 January, 2015

barbaric rape. According to him, it is a case of marital rape, which does not involve any kind of
torture or brutality upon the victim
Delhi District Court Cites 3 - Cited by 0 - Full Document

Rajingstar Thabah vs . on 7 March, 2024

uncle ("marit) Rajing raped me. He raped me near the veranda of thei‟s house. He raped me
in my vagina (and she pointed ... towards her vagina to show the place he raped her). He did eh
eh. He beat me with a stick (and she pointed
High Court of Meghalaya Cites 11 - Cited by 0 - W Diengdoh - Full Document

Rajingstar Thabah vs . on 7 March, 2024

uncle ("marit) Rajing raped me. He raped me near the veranda of thei‟s house. He raped me
in my vagina (and she pointed ... towards her vagina to show the place he raped her). He did eh
eh. He beat me with a stick (and she pointed
High Court of Meghalaya Cites 11 - Cited by 0 - W Diengdoh - Full Document
Sandeep Kumar Tandan vs Smt. Anita Tandan @ Bhumi Tandan 134 ... on 9
January, 2019
dismissal order. At the outset, the wife on whom the extra marital affair/rape has been clamped
has not lodged any report or has made
Chattisgarh High Court Cites 1 - Cited by 0 - Full Document

Sadhu Ram @ Dalip vs The State (Govt. Of Nct Of Delhi) on 10 September,

2010
prosecutrix. The prosecutrix was having an extra-marital affair and it was not a case of rape.
Since the relationship was exposed, he was falsely ... having extra marital relations with the
accused and for that reason he compelled his wife to implicate the appellant in a rape case
Ramvilas @ Ballu vs The State Of Madhya Pradesh Thr on 14 November, 2017
prosecutrix and her marital status and non- mentioning the factum of the rape in the FIR, but
without commenting on merits of the case
Madhya Pradesh High Court Cites 7 - Cited by 1 - Full Document

Anjali Ghosh vs Subodh Kumar Ghosh on 16 May, 2005

persons alleging that the wife had pre-marital affairs with many persons, that she was
even raped by some persons who were convicted, that
Calcutta High Court Cites 3 - Cited by 2 - B Bhattacharya - Full Document

Kapil Kotiya vs The State Of Madhya Pradesh on 7 November, 2020

prosecutrix indicate that she was subjected to rape by the applicant and he misrepresented
about the marital status to get physical proximity with the complainant
Madhya Pradesh High Court Cites 4 - Cited by 2 - A Pathak - Full Document

R And Anr vs State Of Haryana & Ors on 30 May, 2016

R And Anr vs State Of Haryana & Ors on 30 May, 2016 1 CWP
Punjab-Haryana High Court Cites 41 - Cited by 0 - Full Document

Mr. Roopesh @ Roopesh vs The State on 8 January, 2014

conceive that victim and her mother had 15 concocted story of rape against accused. It is
needless to state that evidence given by victim would ... circumstances, the exposure of PW.1
as a victim of rape would affect her marital prospects. Therefore, there are no reasons to
suspect the evidence
Karnataka High Court Cites 6 - Cited by 0 - N Ananda - Full Document

Jabar Singh vs State Of U.P. And Another on 4 January, 2010

three accused persons kidnapped his minor daughter, namely, Neelam and committed rape and
they also abused the informant naming his caste. The case was registered ... years at the time
of marriage and no rape was committed by them and both have marital relation with each
other.

Dhriti Jain vs State Of Punjab And Others on 11 March, 2024

women who are survivors of sexual assault or rape or incest; minors; change of marital status
during pregnancy; women with physical disability; or women suffering
Punjab-Haryana High Court Cites 51 - Cited by 0 - Full Document

Vineet Malu vs State Of Nct Of Delhi & Anr. on 16 February, 2024

clearly reveals that the present case is not one of rape but of marital discord and the
complainant with utterly oblique motives has deliberately given ... video viral. The complainant
soon after with Vikas Malu was subjected to rape, unnatural sex, and gruesome cruelty. Vikas
Malu in his fits of rage
Delhi High Court Cites 27 - Cited by 0 - S K Jain - Full Document

Dr Harshita Malu & Anr. vs State Of Nct Of Delhi & Anr. on 16 February, 2024
clearly reveals that the present case is not one of rape but of marital discord and the
complainant with utterly oblique motives has deliberately given ... video viral. The complainant
soon after with Vikas Malu was subjected to rape, unnatural sex, and gruesome cruelty. Vikas
Malu in his fits of rage
Delhi High Court Cites 27 - Cited by 0 - S K Jain - Full Document

Vikas Malu vs State Of Nct Of Delhi & Anr. on 16 February, 2024

clearly reveals that the present case is not one of rape but of marital discord and the
complainant with utterly oblique motives has deliberately given ... video viral. The complainant
soon after with Vikas Malu was subjected to rape, unnatural sex, and gruesome cruelty. Vikas
Malu in his fits of rage
Delhi High Court Cites 27 - Cited by 0 - S K Jain - Full Document

D.Santhanam vs State: Represented By on 20 September, 2021

that they will kill her, if she continued to have extra marital affair with the 1st petitioner. Then
only, the 2nd respondent realized that ... Hence, he committed the offence of rape by getting
consent on misconception of facts. The 2nd respondent lodged a complaint to the 1st
respondent Police

Fir No. 166/11 5 State vs . Abhishek Etc. 1 Of 42 on 31 January, 2022

Fir No. 166/11 5 State vs . Abhishek Etc. 1 Of 42 on 31 January
Delhi District Court Cites 32 - Cited by 0 - Full Document

Fir No. 280/2017 Ps Mundka State vs . Vikas Drall & Ors Page No. 1 Of 50 on 16
December, 2022
Fir No. 280/2017 Ps Mundka State vs . Vikas Drall & Ors Page No. 1
Delhi District Court Cites 11 - Cited by 0 - Full Document