Gay husband granted bail

A sessions court on Saturday granted anticipatory bail to a 40-year-old Pedder Road businessman whose wife had registered a complaint under section 377 of the Indian Penal Code (unnatural sex) against him and his male lover.

Written by Express News Service | Mumbai | Published:March 8, 2009 11:20 pm

A sessions court on Saturday granted anticipatory bail to a 40-year-old Pedder Road businessman whose wife had registered a complaint under section 377 of the Indian Penal Code (unnatural sex) against him and his male lover. The court granted the husband’s plea observing that no custodial interrogation was necessary.

The lover,Joseph Mascarenhas (name changed),has already been granted anticipatory bail by the court on Thursday. According to the businessman’s wife,as stated in her complaint to the police,she had been married to the accused for the past 15 years and she came to know of her husband’s homosexuality in 1998.

The complaint further stated that she tried very hard to convince her husband to change his sexual preference,but that did not happen. She even sent him for counselling,but to no use. In 2007,he confessed before a counsellor that he found a partner,Mascarenhas,from an internet site and was having sexual relationship with him.

The wife then lodged a complaint with the police on February 16. The police also claimed to have seized two CDs which,according to them,had incriminating material against the accused.

The husband’s lawyer,Vivek Kantawala,argued that the couple had been living together and that no proceeding had been initiated in the family court. “This complaint has been made to harass my client,and since no seizure has to be made further,custody was not required,” said Kantawala.

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