'Husband Engaging In Unnatural Sex With Wife Is Not Crime', Says Gwalior Special Court

Gwalior (Madhya Pradesh): The special court of Gwalior, during a hearing, said a husband engaging in unnatural sex with a wife cannot be considered a crime.

Special Judge Vivek Kumar gave a clean chit to Pawan Maurya against the charge of committing an unnatural act; however, the case will continue in other sections of domestic violence and assault, as charged by his wife.

Citing Madhya Pradesh High Court's decision in the case of Leader of Opposition Umang Singhar in the MP Assembly, the court said, "Sexual activity between a man and his wife is not rape. If a husband engages with his wife in unnatural sex defined under Section 377, then it cannot be termed as a crime."

However, the trial (magistrate) of the case will continue in other sections registered.

Accused would get drunk and engage in unnatural sex with wife

Sharing the details, Advocate Ajay Dwivedi said accused Pawan got married on 30 November 2020. The wife lodged an FIR in Mahila Thana Padav on 25 February 2024, alleging that the husband commits unnatural acts after drinking alcohol and demands dowry. And when she refuses, he beats her. The trial court heard the case registered against the husband under sections 377, the Dowry Harassment Act, domestic violence, and assault, among others. The court gave a clean chit to the husband from the charge of section 377, while the trial will go on under other sections.