Madhya Pradesh High Court has ruled that a husband cannot be prosecuted for “unnatural sex” with his adult wife, emphasizing that marital consent is legally immaterial. In a significant judgment, Justice Milind Ramesh Padke partially quashed an FIR against a man accused of sexual abuse, dowry demands, cruelty, voluntarily causing hurt, obscene acts, and criminal intimidation.
The bench clarified that under Exception 2 to Section 375 IPC, sexual intercourse or acts by a husband with his non-minor wife do not constitute rape. Even allegations of forced “unnatural acts”, like oral or anal penetration, remain within the marital fold and fall outside IPC Sections 376 or 377. “Proceedings under these sections are quashed,” the court stated, while allowing other charges to continue.
If you enjoyed reading this article, you can help support our journalism by adding OHeraldo as a preferred source.
The FIR stemmed from a Hindu-ritual marriage where the wife’s family allegedly gave Rs 4 lakh in dowry, yet demands escalated to Rs 6 lakh. Vague claims against the sister-in-law were dismissed for lacking specific overt acts. The court stressed quashing FIRs sparingly, only when no offense is evident.
This echoes a May 2025 MP HC order: unnatural sex alone isn’t punishable under rape laws but could qualify as 498A cruelty if violent. Nationally, it fuels marital rape debates, alongside Allahabad HC’s recent nod to married men’s live-ins as non-criminal.
