Legal Question in Family Law in India
During divorce proceedings, wife accuses husband of forced unnatural sex. Husband denies it saying all unnatural sex was consensual.
1. How will court decide whether forced unnatural sex has been performed?
2. If husband is found guilty what is the penalty under revised sec 377 of IPC?
3. Can husband be acquitted by court since there is no foolproof evidence or is he presumed guilty till proven innocent?.
3 Answers from Attorneys
The exact act of the sex must be explained to lawyer for advice.
in case she is able to prove that you did unnnatural sex i.e. anal sex, with or without consent, you may be held guilty u/s 377 of IPC as it is only Delhi High Court that amended the section and your acts seems to be done before amendment. in case you able to prove that she used to threaten suicide, she may tried for criminal intimidation.
In a pending court case, the advice of conducting counsel may be better.
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