New Delhi: The Madhya Pradesh high court has ruled that engaging in “unnatural sex with one’s wife is not considered rape” even if it is non-consensual.The judge said that anal sex by a husband with his wife does not constitute rape, even if it is non-consensual, provided the wife is not below 15 years of age.“In view of the amended definition of “rape” under Section 375 of IPC by which the insertion of penis in the anus of a woman has also been included in the definition of “rape” and any sexual intercourse or sexual act by the husband with her wife not below the age of fifteen years is not a rape, then under these circumstances, absence of consent of wife for unnatural act loses its importance. Marital rape has not been recognised so far,” said the court, led by single-judge Justice Gurpal Singh Ahluwalia.The court quashed the first information report (FIR) filed against the husband.Consequently, no further deliberations were required regarding whether the FIR was lodged on the basis of frivolous allegations, the court said, Bar and Bench reported.The court added that the only exception to this would be Section 376B of IPC where the sexual act with wife would be rape if the act is during the time when they are living separately on account of judicial separation or otherwise, the report said.In a similar case, on September 24, 2023, the Madhya Pradesh high court quashed an FIR filed against Congress MLA Umang Singhar by his wife for unnatural sex.“When the same act as per the definition of Section 375 is not an offence, then how it can be treated to be an offence under Section 377 of the IPC,” the court had said in the Singhar case.