Indian Court Overturns Conviction of Husband Jailed for Raping his Wife who was a Minor

[Social Media]

 

A 40-year-old man who was convicted of raping his wife, a minor, and causing her death has been freed by an Indian court, which ruled that marital rape is not a crime under the country’s laws. The man had been sentenced to ten years in prison in 2019 after being found guilty of rape, “unnatural” sex, and culpable homicide not amounting to murder.  

 

The case dates back to 2017 when the man was arrested following his wife’s death. Before she passed away, she made a dying declaration stating that she had been forced to have sex with her husband and had suffered severe injuries as a result. She was taken to the hospital but succumbed to her injuries the same day, according to legal media outlet Live Law. However, the Chhattisgarh High Court has now overturned the conviction, citing the country’s laws on sexual acts within marriage and ordering the man’s immediate release.  

 

Justice Narendra Kumar Vyas, who presided over the case, stated that “if the age of wife is not below age of 15 years then any sexual intercourse or sexual act by the husband with his wife cannot be termed as rape under the circumstances, as such absence of consent of wife for unnatural act loses its importance.” This ruling appears to contradict a landmark Supreme Court decision from October 2017, which raised the age of marital rape from 15 to 18.  

 

The man’s defense team argued that there was no legally admissible evidence against him and that the conviction had been based solely on the woman's dying declaration. They also contested the cause of her death, claiming that the trial court had ignored testimonies from two witnesses who stated that she had suffered from piles since her first childbirth, which allegedly caused her bleeding and abdominal pain.  

 

The ruling has reignited the debate over marital rape laws in India. Last year, the Indian government opposed calls to criminalize non-consensual sex within marriage, arguing that such a move could disrupt conjugal relationships and “disturb the institution of marriage.” The federal Home Ministry told the Supreme Court that while a husband does not have the right to violate his wife’s consent, classifying such an act as “rape” would be “excessively harsh and therefore disproportionate.”  

 

The decision to overturn the conviction has sparked widespread criticism, with legal experts and activists questioning how a law meant to protect women could be interpreted in a way that denies justice to victims of marital rape. The case highlights ongoing legal and societal challenges in India’s fight for gender equality and the recognition of marital rape as a criminal offense.

 

Based on a report by The Independent 2025-02-14

 

 

[hotsun]

Tells me everything i need to know about india

[gargamon]

And of course, if you want a divorce in India, just set your wife on fire. (From 60 minutes 20+ years ago)

Edit: still happening apparently

https://www.ndtv.com/video/husband-in-laws-burn-up-woman-alive-after-cops-refuse-to-file-triple-talaq-case-524770

[thesetat]

Hmm... If the wife refuses sex. Divorce her on those grounds. Or get another wife or GF haha... Doesn't India permit more than one wife? Since there was no proof his sex acts caused her death then the court should not have convicted him. I am most certain, if my wife ever refused sex, I would do one of the above. Even I love her most of us men and we have needs. I say most because some in here may not be anymore haha... 

 

 

[Dionigi]

she was a minor and suffered from piles after having a baby!

[thaibeachlovers]

On 2/14/2025 at 10:51 PM, thesetat said:

Hmm... If the wife refuses sex. Divorce her on those grounds. Or get another wife or GF haha... Doesn't India permit more than one wife? Since there was no proof his sex acts caused her death then the court should not have convicted him. I am most certain, if my wife ever refused sex, I would do one of the above. Even I love her most of us men and we have needs. I say most because some in here may not be anymore haha... 

 

 

Wives refusing sex without legal cause should be grounds for divorce without compensation on the basis that marriage is about sex.

[JonnyF]

Terrible. 

 

A useful reminder of the value systems that we are importing into our home countries.

[Bkk Brian]

She died after his unnatural sex acts. He should be strung up.

 

"the post-mortem report, which stated "the cause of death was peritonitis and rectal perforation" - simply put, severe injuries to her abdomen and rectum."

 

After he left for work, she sought help from his sister and another relative, who took her to hospital where she died a few hours later.

In her statement to the police and her dying declaration to a magistrate, the woman said she became ill "due to forceful sexual intercourse by her husband".

https://www.bbc.com/news/articles/cm29drxjlxmo

[fredwiggy]

On 2/14/2025 at 4:51 PM, thesetat said:

Hmm... If the wife refuses sex. Divorce her on those grounds. Or get another wife or GF haha... Doesn't India permit more than one wife? Since there was no proof his sex acts caused her death then the court should not have convicted him. I am most certain, if my wife ever refused sex, I would do one of the above. Even I love her most of us men and we have needs. I say most because some in here may not be anymore haha... 

 

 

There are usually reasons a wife refuses sex from her husband. If she isn't being treated as a partner and just an object for him to get off in, any normal woman would be hesitant to want to have sex with her husband. If a man just wants to have sex and doesn't look at his wife as a partner, don't get married and buy hookers. Forcing yourself on any woman, including a wife, is rape and should be prosecuted. If a man treats his wife with respect, love and kindness, and also provides for her, a woman would be happy to share herself with her man, even if she's not in the mood. Letting animals like this get off shows how much a country's justice system fails to protect women. A man doesn't need to have sex. It's a want, a desire. A country that also permits having more than one wife is also behind in it's thinking. This also shows how little a man cares for his partner, feeling the need to have more than one. What if the wife wanted to have more than one husband? Think he would be okay with that? It appears that she might have died because of forced sex, which is a crime in a normal country. Tigers kill an average of one person a week in India. Too bad it's not the one's who deserve it most.

[Social Media]

@MalcolmB an off topic and insensitive troll post has been removed. Please comment on the topic not deflect to tourists and expats in Thailand 

[thesetat]

9 hours ago, thaibeachlovers said:

Wives refusing sex without legal cause should be grounds for divorce without compensation on the basis that marriage is about sex.

I do not know about the part of being about  sex... But it sure is a big part of a marriage. Especially since you are supposed to be bound to that one individual to have sex with while married. With cause for divorce and monetary payments should your pecker stray to spread its semen elsewhere. 

[fredwiggy]

Sex is one way of knowing how the marriage is going, besides those who cannot have sex anymore for health reasons. People who go into a marriage thinking their partner owes them sex are in for problems. Women, when listened to and treated with love, respect and dignity, will rarely have a problem wanting their husband happy, meaning a willingness to have sex with him even if she's not in the mood. 

 

If a man looks at a woman as someone who has to give him sex, better top pay for it and leave with a smile than to look at a wife the same way. She is someone who's supposed to be someone to grow closer with and not that gives you sex with resentment. 

 

Couples who last indeed have sex, often, but that sex comes from a mutual respect and two givers. A taker and a giver always have problems. Two takers , narcissists, will destroy the both of them but they actually belong together, as no one who's a giver deserves to put up with a taker. Problem in the world, and a major reason for bad relationships and divorces, is alpha males and greedy women. They belong together, and the beta males belong with the giver women. That's how good children are created. 

 

Good matches are the most important things in life, and the hardest to come by. Some take a lifetime to find, and some find each other in high school, although that's rare. You want plenty of sex with your woman, you show her she's number one, and that doesn't mean buying her love but being there for her when she needs you, and having a good ear when she needs to vent.