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Achi news desk-
Bhopal: Her husband forces her to engage in unnatural sex without her consent A woman from Madhya Pradesh filed an FIR against her husband with the police However, the Madhya Pradesh High Court dismissed the complaint brought by the wife against the husband The court also ordered the dismissal of the FIR filed with the police
According to a report in India Today, the Madhya Pradesh High Court, while giving the order, said that Indian law does not recognize sexual violence. As a result, the High Court said that whether the husband had taken the wife’s consent or not is not important in this case
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Justice Gurpal Singh Ahluwalia, while giving the order, further said that since the woman’s age is over 15 years, it is not relevant whether the woman’s consent was taken before engaging in extramarital sex.
The judge further explained that according to the revised Article 375 of the Indian Penal Code, penetration of a woman’s anus by the penis is considered rape, but if the woman is over 15 years old, intercourse with her husband is not rape. In this situation, whether the husband has engaged in sexual intercourse with the wife’s consent or not, the matter becomes irrelevant. Because sexual violence is not legally recognized
However, the court also said that if the husband and wife engage in sexual intercourse without the wife’s consent while the husband and wife are apart, it would be considered rape.
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