Rape-- Marital Rape--Consent of Wife Legally Immaterial -- FIR alleging rape by the husband is not maintainable
Under Exception 2 of Section 375 IPC, sexual intercourse by a man with his own wife, provided she is above 15 years of age, does not constitute rape. Consent of the wife is rendered legally immaterial for the purpose of prosecuting such acts as rape. Where valid marriage between the parties is established, an FIR alleging rape by the husband is not maintainable and amounts to abuse of process of law. Filing of such FIR after a significant delay, following failure of matrimonial proceedings, further supports the inference of misuse of process.
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