India, May 22 -- The Delhi high court has quashed a trial court's order directing prosecution of a man for performing "unnatural" sex with his wife, stating that the Section 377 of IPC doesn't recognise the concept of marital rape.

The court underlined that Section 377 penalising such acts won't apply in a marital relationship, particularly when the allegation of consent was missing.

Justice Swarana Kanta Sharma was dealing with the man's petition against a trial court order which directed framing of Section 377 (punishment for unnatural offences) charge against him for allegedly performing oral sex with his wife.

The verdict on May 13 said the law did not recognise the concept of marital rape.

"There is no basis to assume that a husb...