Upgrad LLM

women having filed domestic violence case and attempt to rape by husband


Is it be termed rape or attempt to rape if there is a case filed against husband of domestic violence. Is it legal to file a case of attempt to Rape against Husband.
 
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Yes it is possible to file a complain against husband for rape or attempt to rape it is known as marital rape
 
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but some policemen are telling that attempt to rape against husband will not stand in the court.
Is there any recent judgement of SC regarding marital rape..??
 
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LEGAL

marital rape  is still not criminalized in india. There is no direct judgment so far, but some observations in some judgments has been made about marital rape ,but that won't amount to law as not directed to be followed. 

 

 
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Lawyer

What are the facts of the case/ dispute ? No information provided for consideration and oblige. 

It is advisable to consult a local prudent lawyer for better appreciation of documents/ facts of the dispute, professional guidance and necessary proceeding.

 
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My friend is the victim of domestic violence. She has lodged the complaint against her husband but there is no complaint registered against her husband instead 7-8 counseling sessions are to be attended. After first counseling her husband again beaten her and inspite of no physical contact between them since last 2 yrs bcuz of this physical torture, he then tried forcefully to have s*x after beating her.
Again she lodges complaint but according to police rules or law there will be no action against husband till 7 or 8 counseling will be done in a almost more then one year.

Her Husband is Deputy Commissioner of Industries.
 
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