In the Hon’ble Additional Sessions Court of Mumbai, Justice Sanjashree J Gharat noted that the complaint of a woman who accused her husband of having sex with her without her will cannot be considered illegal and granted the accused anticipatory bail.
According to the prosecution, the woman got married on November 22, last year and since the wedding, her husband and family began to forbid her from doing various things. The women told the police that they even mocked and harassed her and also demanded money.
The woman said that a month after their wedding, her husband forcefully had sex with her.
On January 2, the couple went to Mahabaleshwar, a hill station near Mumbai, where he again forced her into sex. Afterwards, the woman said she began to feel unwell and went to see the doctor. After the examination, the doctor informed her that she was paralyzed from the waist down.
It was after this that the woman lodged an FIR in Mumbai against her husband and her in-laws, who later approached the court to apply for bail.
During the hearing, her husband and family said they have been falsely accused and that they didn’t demand any dowry.
The accused told the court that he had also filed a case against the woman and some of the family members she was accusing, said that they lived in Ratnagiri and had come to visit the couple only for a few days. Another family member of the accused said that she was pregnant.
Prosecutors opposed the anticipatory bail being granted to the accused. However, the judge noted that although the woman was complaining about the demand for dowry, she did not mention how much the demand was for.
In addition, the judge noted that the issue of forced sex has no legal basis. Judge Gharat said, “It is very unfortunate that the girl suffered paralysis. However, the husband and his family cannot be held responsible for the same. Considering the nature of the allegations against the applicants, custodial interrogation is not necessary. The Applicants are ready to co-operate during the investigation.”