Thank you for sharing

Thank YOU !!

interesting case.Atleast now a man is saved from this 3-10 mins mutually consented liability.

Though a very landmark judgment, but it confines to the nature of this case alone, because the judgment says that she was not able to prove her allegations.

The following interprets:

There is no clinching or convincing evidence on record to show that the accused had administered any stupefying substance to the prosecutrix (the wife) on March 4, 2013, before taking her to the Ghaziabad court," it added.

Yes it is a landmark judgement but by saying that it is limited to this case or nature of case could not be justifiable.The opposite counsel had cleverly used the ploy of intoxication to try to prove the point “abuse of authority  against a person who is incapable of valid consent on one who is unconscious or incapacitated” .In the absence of any proofs they could not prove rape.In matrimony to prove whether it was consensual s*x or indeed rape in matrimony is not easy.

Now see how this is got reported in the media... and the  gender biased reporting... Nothing was mentioned how this women misinterpreted her marriage dates,intoxication and very possible consensual  s*x .

https://www.ryot.org/judge-rules-husbands-can-rape-wives-india/680553

A JUDGE IN INDIA JUST RULED THAT IT’S LEGAL FOR HUSBANDS TO RAPE THEIR WIVES

This is stepping stone for  man to commit cruelty against woman. Man should respect woman and when she said NO it means NO and should not ponced upon her against her will. Of course, woman by nature when she said No it means yes, and when she said come it means Go, when she said I don't like it means I like it etc; but it doe's not give license to man to do what ever he likes against her will. I am of the view that such offence should be punished.

How would you justify NO ,NO with a intention of YES and more importantly YES first and rape later.

now a decision has to be made  whether "Forceful rape in marriage  OR false rape in marriage" is lesser evil of the two.Also please note this case is "false rape in marriage"

Hum mante hain miya biwi mein "KABHI HAAN AUR KABHI NA.... CHELTHI RAHTHI HAIN...AUR IS VISHAY MEIN BHI.. 

PAR AGAR KOI PEHLE HAAN KARE  AUR POLICE STATION MEIN JAA KAR NA KAHEN TO YEH TO BEINSAAFI HUI RIGHT.

I welcome this judgement because my wife after sleeping with me willfully lodged a case against me for rape. But she could not prove anything, there was no violence used on her, no marks on her body, no noise heard in the neighbourhood. So she withdrawn the case and I strongly feel I have every right to file defamation case against her.

Nowadays wife use Rape section as a tool to threaten men and torture them mentally to commit suicide. This is a good judgement but I still feel if evidence such as beating her, making bodily injury and making her cry out loud then the Police can accept the case as Rape.

Nowadays women in India are torturing men rather than the reverse which existed some years back. Maybe it is tit for tat.

You can read my complete story in the below thread:

https://www.lawyersclubindia.com/forum/Pls-Advise-on-restitution-of-conjugal-rights-103210.asp#.U47NLfk72rg

It indeed is a welcome solace (judgement) ... else we would have our better (bitter) halves have consensual s*x  described as forced s*x... a vital indegredient to prove cruelty... every dv,498 and mc cases will have this forceful masala added.

It indeed is painful when a lawyer with such a high rating/thanks (GIVING)  should make such a loose statement in a legal forum without even going through the  whole case.

'But the husband cannot be guilty of rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract the wife hath given up herself in this kind unto her husband which she cannot retract' (Hale 1971) . 

Mere gyani bhayi log ... bhagwan ke liye atleast  s*x (between husband & wife ) ko ek legal mudda mat banana... aur isko stepping stone mat kahana.