Legal Question in Family Law in India

marital rape and 498A
498A is going on against the husband. His wife alleges, that he used to rape him and forced for unnatural sex. how will the court accept it without any proof? is there any conviction on marital rape? How can the accused be punished in 498A when there is no proof of cruelty etc. court demands the proof of everything?

Asked on 8/30/08, 9:35 am

4 Answers from Attorneys

M.P. SANJAY M.P. SANJAY M/s. Sanjay

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Re: marital rape and 498A

That 498A is the offence for harassing mentally physically by the husband towards his wife. Asfar as unnatural sex this is an another type of crime in IPC in this crime there is sevear punishment for the offender. For unnatural sex Sec 498A does't attract.

M.P. SANJAY

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Answered on 8/30/08, 9:46 am

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G. M. Gupta gmguptaandassociates

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Re: marital rape and 498A

in absence of proof the conviction will not take place

Answered on 8/30/08, 10:17 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: marital rape and 498A

Are you asking a question or answering?

You understand very well that the court will require evidence in support of an allegation before any punishment is awarded.

A wife has more than one methods to establish that she was raped by the husband. Even her statement carries lot of weight. Proof of a fact depends upon number of situations.

In any case, you need to wait for conclusion of trial without raising any presumption.

Answered on 8/30/08, 11:33 am

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