NewsFlash Daily™
08 April 
Court rules that consent remains crucial even after separation, says case under IPC Section 376(B) must proceed against husband.
Bengaluru: In a significant ruling reinforcing the importance of consent in marital relationships, the Karnataka High Court has refused to quash a criminal case filed against a husband accused of forcing physical relations with his estranged wife. The court held that even if a couple is separated, any act without the wife’s consent constitutes a serious offence requiring trial.
The husband had approached the High Court seeking to dismiss the case registered under IPC Section 376(B), which deals with non-consensual relations by a husband during separation. However, the court dismissed the plea, emphasising that the allegations warrant detailed examination during trial.
Case Background and Allegations
According to the complaint, the couple had been living separately since 2019 due to marital disputes. In 2021, the husband allegedly visited the wife’s house under the pretext of reconciliation and engaged in forced physical contact without her consent. Based on this complaint, a criminal case was registered.
Defence Denies Allegations
The husband’s legal counsel argued before the court that no such incident had occurred, denying all allegations made by the wife. The defence sought dismissal of the case, claiming it was baseless.
Wife Argues Case Personally
In a notable development, the wife herself appeared before the court and argued her case in person, detailing the alleged abuse and urging the court not to dismiss the complaint.
“The allegations raised require proper trial and cannot be dismissed at this stage,” the court observed.
Court Emphasises Consent in Separated Marriages
After hearing both sides, the bench led by Justice M. Nagaprasanna ruled that the matter involves serious questions of consent and alleged coercion, and therefore, the case must proceed to trial.
Strong Message on Marital Consent
This ruling sends a clear legal message that consent remains essential even within marriage, especially in cases of separation, and allegations of forced relations cannot be taken lightly.
