The husband of a mother of four who has the mind of a child has been banned from having sex with her by a High Court judge because she does not know she has the right to refuse.
The Bangladeshi man claims he has the right under his culture to have sex with her whenever he pleases and she has no right to refuse.
He has already taken his wife's cousin as a second "wife" and had two children with her, but still demands the right to have sex with the woman he married first.
Family Division judge Mr Justice Mostyn refused in a judgment, but ordered anonymity in the case to protect the identity of the wife and children. He said:
"The evidence clearly shows that TB has barely an inkling of the health risks involved. She was unable to link sex to pregnancy. Indeed she had virtually no idea how her babies came to be in her tummy (as she put it). Although she found sex enjoyable and comfortable she had no idea that she had a choice and could refuse.
"Indeed the attitude of SA, based, as he told me on his culture and religion, was that he had a right to seek sex from her and that it was her duty to submit."
However, with a mental age of between four and eight, the 39-year old wife - identified only by the initials TB - has been taken into care under the Mental Health Act by the London Borough of Tower Hamlets, where the family lived.
All their four children have also been taken into care because the woman does not have the ability to care for them.
But the husband - known as SA and married to her for 18 years - wanted her back home.
The judge said efforts to enlighten TB about sex, her rights, and the risks involved had failed. He added:
"It is doubtful that TB has ever had the capacity to decide to have sex, notwithstanding that she has had four children."
The couple had a "volatile" relationship and there were instances of domestic violence when the husband lost his temper.
Source: Telegraph UK
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