Pleas Challenging Marital Rape Exception : Live Updates From Supreme Court

hearing concludes for the day

Jaisingh: I will take that as a compliment !

CJI: Mr SG is complementing your fierce independence! 

On a lighter note,

SG: Iam always scared of standing next to Ms Jaisingh

Jaisingh: but in West Bengal issue on Iam on your side

SG: Iam scared of you even if you on my side or the other side

Counsels laugh

Jaisingh: the court have held that you can live separately under the same roof , there is no intention to co-habit, this section (S.67) can kick in

Jaisingh: the intention to have conjugal relations has ended

CJI: living separately means no intention to co-habit together ....it will not refer to a situation where the husband is employed in a different city and wife in different city

CJI; within the folds of marriage under 67 , there can be rape

Gonsalves: yes mylords, its an absolute NO 

J Pardiwala : what you mean separation? if the marriage continues despite the decree ?

J Pardiwala : if she is tired of this and goes to someone else home or parental home, how do you interpret 'whether under the decree of separation or otherwise'

Gonsalves (addressing the agrument before the HC that men have a right to have sex with their wives ) : is a women says NO the answer is NO

Gonsalves : referring to contentions before the HC - that apprehensions that it will lead to floodgates of litigation by wives against husbands ....