Marital rape: While hearing the matter, a bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra sought views of the petitioners on Centre's contention that making such acts punishable would severely impact the conjugal relationship.
Allahabad High Court on marital rape: The Allahabad High Court, endorsing a previous observation of the Madhya Pradesh High Court, also stated that there is no place for any unnatural offence (as per IPC Section 377) to take place in a marital relationship.
Mehreen Pirzada made her OTT debut with the Disney+Hotstar series Sultan of Delhi. She opened up about one of her scenes depicting marital rape and gave a befitting reply to trolls.
Chief Justice DY Chandrachud said a three-judge bench will mull over if husbands enjoy immunity from prosecution in marital rape cases.
A bench headed by Chief Justice DY Chandrachud and comprising justices PS Narasimha and JB Pardiwala asked the Solicitor General Tushar Mehta, representing the Centre, to file the counter affidavit in the matter on or before February 15, 2023.
Year ender 2022: This year turned out to be full of positives for women as the Supreme Court took several important decisions in their favour. Read below to know the list of path-breaking decisions that the top court took this year.
The high court on May 11 delivered a verdict with one of the judges favoring striking down the exception in the law that grants protection to husbands from being prosecuted for non-consensual sexual intercourse with their wives, the other refused to hold it unconstitutional.
The Delhi High Court had earlier delivered a split verdict on petitions demanding the criminalisation of marital rape.
Justice Shakdher asserted that the fact that the rapist is the husband of the victim does not make the act of sexual assault any less injurious, degrading, or dehumanizing and emphasized that marital rape leaves not only physical scars but also “much deeper scars on the psyche of the victim”.
The Delhi HC's verdict came on petitioners challenging the constitutionality of the marital rape exception under Section 375 IPC.
The age-old regressive thought that the husbands are the rulers of their wives, their body, mind and soul should be effaced, a single bench of Justice M Nagaprasanna said while refusing to drop the charge of rape against the petitioner who had allegedly sexually assaulted his wife.
Marital rape refers to sexual intercourse with one's spouse, without consent. In India, Exception 2 to Section 375 protects husbands from getting charged by their wives on charges of rape.
A bench of Justices Rajiv Shakdher and C Hari Shankar said it was not possible to adjourn an ongoing matter as there is no terminal date by when the Centre's consultations will be over on the marital rape issue.
A bench of Justices, which has been conducting marathon hearings on a batch of petitions seeking criminalisation of marital rape, will also hear rejoinder submissions on behalf of petitioners on Monday.
Justice C Hari Shankar, who formed part of the division bench hearing a batch of petitions seeking criminalisation of marital rape, orally observed that a non-marital relation, no matter how close, and a marital relationship cannot be “parallelised”.
The Kerala High Court bench of Justice A Muhamed Mustaque and Justice Kauser Edappagath said time has come to recast marriage law of the country.
The Delhi High Court on Tuesday declined to entertain a plea seeking direction to the Centre to frame guidelines for registration of FIR for marital rape as also laws for making it a ground for divorce.
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 made these observations in a case pertaining to a lady doctor's complaint of rape and physical harassment against her husband, who too happens to be a medical professional.
In an affidavit filed before the Delhi High Court, the Centre said that there was need for a precise definition as to what constitutes marital rape and what would constitute marital non rape before a view in its criminalisation is taken
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