Sex without wife consent is not Rape, Gujarat High Court

The Gujarat High Court said that, having a physical relationship can not be considered as rape, despite the wife disagreement with her husband. The court however said that to make oral sex or unnatural relationship with the partner would be kept in the category of cruelty.

A woman doctor had filed a case of rape and physical abuse against her husband. Husband is also a doctor.

Judge of the Gujarat High Court, Justice J.B. Pardiwala said, "Building a physical relationship with her wife is not in the category of rape.

A case can not be registered under Section 376 of the Indian Penal Code for misbehaving on her husband at the behest of his wife, Because marital mischief does not come under section 375 which allows a man to have physical relations with his wife (older than 18).