Gwalior
The special court of Gwalior has given a big verdict in the case of husband having unnatural sex with his wife under Section 377. The court said that it is not a crime for a husband to have unnatural sex with his wife.
In its order, the court also cited the order passed by the High Court in the case of Leader of Opposition in Madhya Pradesh Assembly Umang Singhar. In the order, the court gave clean chit to husband Pawan Maurya by Special Judge Vivek Kumar on the charge of committing unnatural acts.
Giving information about this case, Ajay Dwivedi Advocate said that the marriage of accused Pawan took place on 30 November 2020. But after four years, his wife lodged an FIR against Pawan in Mahila Police Station Padav on 25 February 2024. In this she alleged that her husband commits unnatural acts after drinking alcohol. Beats and demands dowry. The husband beats her when she refuses to give dowry.
In the Special Trial Court, a case registered against the husband under Section 377 for unnatural sex along with other sections including Dowry Harassment Act, domestic violence and assault was heard. In this case, after considering the arguments presented by the lawyers of both the parties, the Special Court gave a clean chit to the husband from the charge of Section 377 filed against accused Pawan for establishing unnatural sex.
Citing the decision of the High Court in the case of Leader of Opposition in Madhya Pradesh Assembly Umang Singhar, the court said, sexual activity of a man with his wife is not rape. If unnatural sexual intercourse as defined under Section 377 is committed by the husband with the wife, then this also cannot be considered a crime. However, the trial (Magistrate) of the case registered by the wife against the husband under other sections will continue.
