A sessions court in Mumbai has observed that the man's acts couldn't be considered illegal even when he forces intercourse on his wife against her wishes.
Additional Sessions judge Sanjashree J Gharat? said that the accused "being the husband cannot be said that he committed any illegal thing".
The court added that it was "unfortunate" that the young girl had suffered paralysis but the husband and his entire family couldn't be held responsible.
Observing this, the judge granted anticipatory bail to the man and his family in the domestic violence case.
"It is further the grievance of the complainant that Applicant No. 1(husband) committed sexual intercourse with her against her wish. However, the Applicants can not be held responsible for the same. Looking into the nature of allegations made against the Applicants, the custodial interrogation is not required," the court observed.
The woman, in her complaint, alleged that soon after her marriage, in 2020, the accused began imposing restrictions on her, taunting and abusing her.
The woman claimed that a month after their marriage, her husband had sex with her against her wishes. When he did it the second time, the woman said she fell ill.
The doctor informed that she has paralysis down her waist, and therefore she filed the complaint.
In stark contrast to the Mumbai court's observation, the Kerala high court recently observed that marital rape, though not made an offence, is a valid ground for divorce.