Gujarat High Court: Marriage Not a License for Physical Relations, Consent is Key
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News18•15-01-2026, 11:40
Gujarat High Court: Marriage Not a License for Physical Relations, Consent is Key
- •The Gujarat High Court ruled that marriage does not automatically grant permission for physical relations, emphasizing the need for mutual desire and consent.
- •The ruling came during a hearing for a husband's anticipatory bail petition, who was accused of mental, physical, and sexual harassment by his wife.
- •The couple married in 2022, and the wife filed a complaint after facing dowry harassment and subsequent abuse, leading her to live separately.
- •The husband's petition for anticipatory bail was rejected by both the Sessions Court and the Gujarat High Court.
- •The court noted this was the husband's second marriage, with similar allegations from his first wife, indicating a pattern of abuse.
Why It Matters: Gujarat High Court affirms consent is paramount in marriage, rejecting the notion of implied permission for physical relations.
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