Physical relationship with mutual consent cannot be considered as rape: Delhi High Court

Delhi High Court adjourns marital rape case till October 23

New Delhi: The Delhi High Court on Friday observed that a physical relationship with mutual consent could not be considered a rape. The High Court also mentioned that nowadays women have a tendency to make intercourse with mutual consent, when the duo are in good terms, as rape when their relationship breaks up.

The High Court Justice Pratibha Rani has made this observation in a domestic violence case filed by a 29 years old women against her husband observed that the verdict was upheld by a 29-year-old domestic observer who was acquitted by the court. The High Court’s observed this while corroborating the trial court verdict acquitting the women’s husband.

The woman complained has filed a complaint against her husband that he has raped her in 2015 before their marriage. The complainant and the accused were living like husband and wife even before their marriage. But when their relationship was broken, she tried to take revenge and used the law for the same.

The court also said that the woman had attempted to make their ‘physical intercourse with mutual consent’ as rape. The Court concluded that a rape and an intercourse with mutual consent is different.