Gujarat HC: Marriage Not Blanket Consent, Denies Bail in Marital Sexual Assault Case

• The Gujarat High Court denied anticipatory bail to a man accused of sexually and physically assaulting his estranged wife, stating marriage does not imply automatic consent.
• Justice Divyesh A Joshi emphasized that intimacy within marriage must always be consensual and respectful, recognizing individual bodily autonomy.
• The court noted the allegations were serious, not a routine matrimonial dispute, and highlighted a pattern of behavior as the accused's first wife also made similar accusations.
• Custodial interrogation was deemed necessary to prevent evidence tampering and ensure a thorough investigation into the grave charges.
• The complainant alleged mental cruelty, dowry harassment, physical violence, and sexual abuse shortly after her February 2022 marriage.

Why It Matters: Gujarat HC rules marriage is not blanket consent for sexual acts, upholding bodily autonomy within marital relationships.