Marriage does not mean that a woman is always consenting for physical relations with her husband, the Delhi High Court on Tuesday observed and also held that physical force is not necessary for constituting the offence of rape.

A bench of Acting Chief Justice Gita Mittal and C Hari Shankar said that in a relationship like marriage, both man and woman have a right to say ‘no’ to physical relations.

The court’s observation came while hearing pleas seeking to make marital rape an offence and others opposing it.

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