Ahmedabad: Observing that “modern legal frameworks increasingly recognise an individual’s bodily freedom”, the Gujarat high court denied anticipatory bail to a “multi-millionaire” from Gurugram, who is accused of repeatedly raping his wife, forcing her into unnatural sex, and subjecting her to extreme cruelty during their marriage.The woman, a resident of Ahmedabad, approached the detection of crime branch (DCB) here, naming her husband along with her father-in-law and mother-in-law in the complaint. She alleged sustained sexual assault by her husband, molestation by her father-in-law, and harassment over dowry by all three. She also claimed that her husband branded her private parts with lit cigarettes.According to the complaint, the marriage took place in 2022.
It was the woman’s first marriage, while it was the man’s second. She alleged that the husband’s first wife had also made similar accusations against him. Apprehending arrest, the husband moved the HC seeking anticipatory bail, stating that he was a business tycoon and multi-millionaire residing in a large bungalow in Gurugram and leading a luxurious lifestyle. He claimed to be successfully engaged in running corporate guest houses. He maintained that the criminal case arose out of a matrimonial discord, denying all allegations levied by the complainant. Opposing the plea, the wife’s lawyer cited allegations of forced unnatural sex and argued that the husband failed in his duty to protect the complainant when she was allegedly exploited by her father-in-law. After hearing the arguments, Justice D A Joshi stated in the order, “No doubt, marriage was seen as an automatic grant of sexual consent for decades.
However, modern legal frameworks increasingly recognise the bodily freedom of an individual, even within a marital relationship. Intimacy is normal between every married couple; however, it has to be a consensual and mutually respectful act. Having unnatural sex by any spouse against the will and wish of the other partner not only causes immense physical pain, but also results in mental and emotional trauma to the non-consenting spouse.
“The court further noted, “We do understand that no woman in our civilised and cultured society would come forward and confront such sensitive issues in public until the level of harassment and abuse goes beyond her tolerance. The record indisputably reveals that the applicant married a second time, and that his first wife had also made similar allegations against him, which shows that the applicant is a repeat offender and habitual in committing such acts.
“Rejecting the anticipatory bail plea, the HC said, “It appears that the present case is not a simple matrimonial dispute. Prima facie, it seems to be something beyond the general and usual allegations often made in matrimonial disputes by the wife.”
