A.
Dear Client,
In India, law doesn't recognise marital rape. The Indian Penal Code penalises rape but it does not recognise non-consensual sex within marriage. Even, a marital rape is not recognised either by civil law or by criminal law. In a land mark judgment passed by the Hon;ble Division Bench of Kerala High in the case of X v. X, Mat. Appeal No. 151 of 2015, decided on 30-07-2021, held that merely for the reason that the law does not recognise marital rape under penal law, it does not inhibit the court from recognizing the same as a form of cruelty to grant divorce. The Bench opined stating that marital rape occurs when husband is under notion that body of his wife owe to him. In modern social jurisprudence, spouses in marriage are treated as equal partners and husband cannot claim any superior right over wife either with respect to her body or with reference to individual status. Treating wife’s body as something owing to husband and committing sexual act against her will is nothing but marital rape. Accordingly, the Bench held that marital rape is a good ground to claim divorce. Hence, it is suggested to ask your Lawyer for speedy trial of your pending cases and file a dovorce petiton before the family court seeking a decree of divorce along with maintenance, if not filed yet.
Posted On 08-Jul-2025
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