Amicus and Senior Advocate Rebecca John on Friday told the Delhi High Court that there can be a legitimate expectation regarding sex in a marriage, but it cannot lead to forcible sex with the wife.
"There can be an expectation but expectation can not lead to forcible sex with your wife," said Senior Advocate Rebecca John, who is appearing as amicus curiae in the matter relating to marital sex.
Amicus John made this submission before a bench of justices Rajiv Shakdher and C Hari Shankar, which was hearing a batch of petitions demanding criminalisation of marital rape.
Justice C Hari Shankar remarked that in a marital relationship, the husband has an expectation and pointed out that the legislature felt that this act done in the backdrop of the existence of such an expectation should not be equated with another act.
Senior Advocate John replied that there is no wrong in having expectations and even both sides can have the expectation.
But expectation cannot result in a husband having a forceful relationship with his wife, she submitted adding that this is not about expectation. "This is about a man exercising his dominant right over wife despite the wife saying I cannot..." Amicus said that pointing out that it may result in marriage breaking down or it may result in the husband seeking civil remedies. She further added that the husband may be right and the wife may be unreasonable but there is no right, there can be an expectation that cannot lead to a forceful relationship with the wife.
However she stressed that expectation can lead to dialogue, may even lead to the wife being satisfied that she should be in a conjugal relationship.
The hearing would continue on Monday too.
The court was hearing a batch of petitions including by the NGOs RIT Foundation and All India Democratic Women's Association who have challenged an exception to section 375 to the Indian Penal Code.
The exception to Section 375 of the Indian Penal Code, says sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.
( With inputs from ANI )
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