PUNJAB & amp; HARYANA HIGH COURT TO EXAMINE WHETHER WIFE CAN LODGE RAPE FIR AGAINST HUSBAND The Punjab and Haryana, on Monday, decided to adjudicate on the legal validity of a first information report (FIR) under Section 376 (punishment for rape) of the Indian Penal Code registered by a wife against her husband (Anupam Mahajan vs. State of Punjab). Justice Amol Rattan Singh while hearing a plea by the husband seeking quashing of FIR registered by the wife ordered that "counsel for the parties would be required to address arguments as per the law settled so far on the issue." The Advocate for petitioner relied upon the judgement given by Chhattisgarh High Court had recently ruled that marital rape is not recognised or considered an offence in Indian law and that Exception 2 to Section 375 (which defines the offence of "rape") of the Indian Penal Code (IPC) lays down that "Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape." Reddy & amp; Reddy Law Firm is the team of trained advocates and will assist you in all matters related to family laws.
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