Allahabad High Court was of the view that a married woman having experience is sex does not offer resistance, it cannot be said that her physical relation with a man was against her will

Case Details:

Case No.: Application under Section 482 No. 26182 of 2023
Bench: Hon’ble Sanjay Kumar Singh,J.

Hon’ble Allahabad High Court while staying proceedings under Section 376, 506 I.P.C has observed that a married woman aged about 40 years, without giving divorce to her husband and leaving her two children, started living in live-in relationship with the applicant in order to achieve her aim of marriage with the applicant. The Court was of the view that if a married woman having experience in sex does not offer resistance, it cannot be said that her physical relation with a man was against her will.

The Court upon relying on the facts of the instant case and the judgement of the Hon’ble Apex Court in Shambhu Kharwar v State of UP and another, considered matter requires consideration.

Matter is listed after 9 weeks.