V good atulya. I was curious about this.. 1. How is marital rape cases handled in developed countries? 2. Can't doctors check and report if marital rape has happened or consentual intercourse occored? 3. How fair is it to assume that if financial settlement is done then case was false? 3.
Ankur 1. There are multiple checks and balances in developed countries where Marital Rape is defined along with domestic violence, wherein the any sexual assault on Wife is compared similar to that of a rape if there are other injuries along with injuries to private parts of women, However physical assault may be a miss in marriage. In India education, social and economic background makes a major difference and there is extremely high possibility of misuse of the law by women/wives, Hence the argument. 2. Yes Consensual and Forceful intercourse can be determined by medical examination. 3. Story telling and allegations are the best tools used by majority of the women before the courts, However majority of the allegations are shelved because these wives fail to substantiate the allegations. As the laws a absolute gender biased , husbands are not left with any option than settlement. Either you(husband) keep contesting the case for years or just let go with all the hassles of the court with earliest financial settlement. Only 2 of 10 cases are filed by real victims of domestic violence and marital issues, rest all are false, the real victims always focus on punishment rather that financial settlement, it is otherwise in case of those wives who habe stated even smallest of lie in there case.
Atulya ji... Your observations are praiseworthy bcoz most of the you tube videos shows only one sided story of " abla nari" - some planted by the " lobby" and some of course cashing in on " women card"... Being a victim with my 70+ year old parents ( who are also victims, my father had cerebral attack and his left side is paralysed, my mother can barely walk bcoz of physical assault by in laws) facing threat from police,goons,politicians and of course our great Indian judiciary ( lawyers included where in lower courts to stop me records are misplaced by bribing clerks apart from compromising my lawyers), Im fighting this battle for 3 years now, I can very well understand that every divorce case now will be marital rape case and Arnesh Kumar Judgement will be easily bypassed and more money in name of settlement will happen where every stakeholder will benefit.. As it is Sec 377 is grossly misused now along with Sec 375 on aged,ailing father in law, brother in law along with POCSO Act where tiny children are being used by women to make complaint against husband/ biological father of sexual exploitation.. One question to you - When marital rape will come as a law ( it will happen as 1000 crores have been pumped into the system), can these women file marital rape case even after seperation or divorce say after 4-5 years of divorce stating that when this man was my husband 4-5 years back, he used to rape me and his family members used to help him. Why i'm asking is bcoz when DV act,2005 came , soon after that courts were flooded with DV application which stated that DV happened with me prior to 2005.... And of course our great Indian Judiciary once again put the husbands and their family members on trial..... Can this happen with this Marital Rape law as well ?
Firstly - The matter will be taken up by parliament (as the court cannot decide on the deletion) - I am sure which will not be taken up soon 😊 . No - EVEN if the Marital Rape is made a law - then too the #MeeToo kind of situation will not arise in such situation. As the marital rape law as the name suggests is limited to Sexual Abuse within the period of Matrimonial relationship - not before or after that. More importantly CrPc section 468 also speaks on limitation - so that too may come in way. Thanks to the Legislative Legal Eagels there are humungous lacunas in our legal system - Red tapism, Corruption in Judiciary, Silent biasedness and to top all Gender Biased Laws are just few issues that need to look at. However - Law still exists and Justice do prevails BUT takes lot of time 😊
Marriage is a monogamous relationship it means sex is limited between husband and wife. It also means husband and wife both are 100% Dependent on each other for sexual needs. When there is 100% dependency it becomes duty for both husband and wife to satisfy each-others sexual needs. Sex is a matrimonial duty in a monogamous marriage. If a woman want 100% Autonomy of her body then she can't prohibit her husband from doing sex with other women. Men can also say "My Body My Choice". Men can also say it's my choce to have sex with other woman.
What (Husband /Wife) can say to eachother is totally upto them. The main contentions towards all who are against the Criminalization / Removal of exception 2 is that as it will call for huge number of false cases filed against hudband and interestingly in present legal scenario there will be no Evidence to safeguard the husbands....
V good atulya. I was curious about this..
1. How is marital rape cases handled in developed countries?
2. Can't doctors check and report if marital rape has happened or consentual intercourse occored?
3. How fair is it to assume that if financial settlement is done then case was false?
3.
Ankur
1. There are multiple checks and balances in developed countries where Marital Rape is defined along with domestic violence, wherein the any sexual assault on Wife is compared similar to that of a rape if there are other injuries along with injuries to private parts of women, However physical assault may be a miss in marriage. In India education, social and economic background makes a major difference and there is extremely high possibility of misuse of the law by women/wives, Hence the argument.
2. Yes Consensual and Forceful intercourse can be determined by medical examination.
3. Story telling and allegations are the best tools used by majority of the women before the courts, However majority of the allegations are shelved because these wives fail to substantiate the allegations. As the laws a absolute gender biased , husbands are not left with any option than settlement. Either you(husband) keep contesting the case for years or just let go with all the hassles of the court with earliest financial settlement. Only 2 of 10 cases are filed by real victims of domestic violence and marital issues, rest all are false, the real victims always focus on punishment rather that financial settlement, it is otherwise in case of those wives who habe stated even smallest of lie in there case.
Atulya ji... Your observations are praiseworthy bcoz most of the you tube videos shows only one sided story of " abla nari" - some planted by the " lobby" and some of course cashing in on " women card"...
Being a victim with my 70+ year old parents ( who are also victims, my father had cerebral attack and his left side is paralysed, my mother can barely walk bcoz of physical assault by in laws) facing threat from police,goons,politicians and of course our great Indian judiciary ( lawyers included where in lower courts to stop me records are misplaced by bribing clerks apart from compromising my lawyers), Im fighting this battle for 3 years now, I can very well understand that every divorce case now will be marital rape case and Arnesh Kumar Judgement will be easily bypassed and more money in name of settlement will happen where every stakeholder will benefit..
As it is Sec 377 is grossly misused now along with Sec 375 on aged,ailing father in law, brother in law along with POCSO Act where tiny children are being used by women to make complaint against husband/ biological father of sexual exploitation..
One question to you - When marital rape will come as a law ( it will happen as 1000 crores have been pumped into the system), can these women file marital rape case even after seperation or divorce say after 4-5 years of divorce stating that when this man was my husband 4-5 years back, he used to rape me and his family members used to help him.
Why i'm asking is bcoz when DV act,2005 came , soon after that courts were flooded with DV application which stated that DV happened with me prior to 2005....
And of course our great Indian Judiciary once again put the husbands and their family members on trial.....
Can this happen with this Marital Rape law as well ?
Firstly - The matter will be taken up by parliament (as the court cannot decide on the deletion) - I am sure which will not be taken up soon 😊 .
No - EVEN if the Marital Rape is made a law - then too the #MeeToo kind of situation will not arise in such situation. As the marital rape law as the name suggests is limited to Sexual Abuse within the period of Matrimonial relationship - not before or after that. More importantly CrPc section 468 also speaks on limitation - so that too may come in way.
Thanks to the Legislative Legal Eagels there are humungous lacunas in our legal system - Red tapism, Corruption in Judiciary, Silent biasedness and to top all Gender Biased Laws are just few issues that need to look at. However - Law still exists and Justice do prevails BUT takes lot of time 😊
How can i meet you for my case discussion
Atulay Nehra Adv Tower 27/1807, Paras Tierea Sector 137, Noida Distt Gautambudh Nagar Uttar Pradesh 9899776839 (please call before coming)
It will destroy families. Men will prefer to remain bechelor.
Indeed. As this will be used a tool to handtwist the husbands.
Marriage is a monogamous relationship it means sex is limited between husband and wife.
It also means husband and wife both are 100% Dependent on each other for sexual needs.
When there is 100% dependency it becomes duty for both husband and wife to satisfy each-others sexual needs.
Sex is a matrimonial duty in a monogamous marriage.
If a woman want 100% Autonomy of her body then she can't prohibit her husband from doing sex with other women.
Men can also say "My Body My Choice". Men can also say it's my choce to have sex with other woman.
What (Husband /Wife) can say to eachother is totally upto them. The main contentions towards all who are against the Criminalization / Removal of exception 2 is that as it will call for huge number of false cases filed against hudband and interestingly in present legal scenario there will be no Evidence to safeguard the husbands....