Particle.news
Download on the App Store

Gujarat High Court Denies Anticipatory Bail, Says Marriage Is Not Blanket Sexual Consent

The ruling emphasizes bodily autonomy within marriage to allow investigators to question the accused in custody.

Overview

  • Justice Divyesh A Joshi’s January 5 order refused protection from arrest for a man accused by his estranged wife of sexual assault, physical violence, dowry harassment, and mental cruelty.
  • The court called the allegations “quite grave,” found prima facie material indicating the applicant’s involvement, and rejected the claim that this was a routine matrimonial dispute.
  • Investigators were granted scope for custodial interrogation, with the court warning that anticipatory bail could hamper evidence recovery and examination during the probe.
  • Court records noted similar allegations by the applicant’s first wife, which the judge treated as indicative of a pattern of behavior.
  • The complaint was filed on October 14, 2025 after an earlier trial court denial of anticipatory bail, with the defense citing delay linked to divorce proceedings and the prosecution pointing to trauma and stigma to explain timing.