ORDER :

What falls for consideration in the subject writ petition is, “Integrity and bodily freedom of a woman, the wife, being ravaged by the husband, whether, could be absolved and protected by a law that mandates equality of its application”.

What pervades the entire petition is, “wanton lust, vicious appetite, depravity of senses, loathsome beast of passion, unbridled unleashing of carnal desire of demonish perversion”. It is these that drove the complainant-wife to register a complaint against the husband for offences punishable, inter alia, under Sections 376 and 377 of the Indian Penal Code. Cognizance being taken against the husband for the rape of his wife, is what drives the accused-husband, to this Court.

2. FACTUAL EXPOSE’ as borne out from the pleadings are as follows:

Writ Petition No.48367 OF 2018:

The petitioner-accused No.1 in Spl.C.C.No.356/2017 gets married to the complainant -Mrs.Bratati @ Pinky on 20.06.2006, at Bhuvaneshwar. The couple stayed at various parts of the nation and at the relevant point in time, he was working at Bangalore and have also a child born out of their wedlock. After few years of living together, relationship of the couple gets horribly strain