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Plea For 'Marital Rape' As A Ground For Divorce: SC Asks Petitioner To Approach Delhi HC

Mehal Jain
1 July 2019 8:18 AM GMT
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The Supreme Court on Monday declined to intervene on a petition seeking a direction to the Central government for clear guidelines on the registration of FIRs for marital rape and to frame appropriate laws to qualify marital rape as a ground for divorce.

The bench headed by Justice S. A.Bobde asked petitioner-advocate Anuja Kapur to approach the Delhi High Court, where a similar matter may be pending, with her prayers.

Incidentally, on Monday, the bench helmed by Chief Jutsice Ranjan Gogoi was also faced with another matter where "a couple, admittedly in a love affair, got married after 7 years of relationship and subsequently divorced" and the "fully mature" woman has implicated the husband under section 376, IPC.

Kapur's petition reportedly claimed that there is no law for stopping the marital rape, the marital force of intercourse and marital criminalization.

Further, to maintain the dignity of women in marriage, the top court should pass suitable directions to the respondent (UOI) keeping in mind the welfare, well-being and in the interest of the public.

The petitioner also pleaded that the apex court should hear the petition and pass a direction, which is the need of the hour in order to put a stop to the marital rape cases, keeping in view the fact that with the advent of time the women of India started advocating the violation of their fundamental and legal rights.

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