Pleas Challenging Marital Rape Exception : Live Updates From Supreme Court

Jaisingh suggests that only the marital rape exception be heard not linking it to ROC (S.9 HMA)

CJI: the way the petitioners are arguing, we are demotivated to take up the matter ...they are arguing on who will argue first

CJI: (to Jaisingh) your issue is on the demurer- assuming that exception is valid , charges can still be framed

Sr Adv Dave mentions the live issue is whether the decision will have retrospective effect

CJI: what happens to cases like yours will be dealt separately, the core issue is constitutionality 

CJI: the core issue is about constitutional validity, on facts we will see separately

Jaisingh: what happens to those petitions filed before the declaration (if held invalid) 

Gopal S : both judges have given a certificate of appeal of HC

CJI: so they didnt refer to 3rd bench .....ultimately we have to decide the constitutionality...everything is tagged together, Ms Jaisingh's matter will have to be delinked

J Pardiwala : item 8 - appeals from respondent wife; 8.1-8.6 is the article 32 plea, others are challenge from the HC

CJI: we can start from 8.1 or 8.6 

Jaisingh says that the only judgement is of the DB of the HC, there is no tie breaker judgement by 3rd judge as such

Gopal S explains that few matters are challenging the Delhi HC decision; some challenge the provisions in BNS and some are also challenge to the exception along with the challenge to the restitution of conjugal rights

CJI: are you appearing before us in the challenge to the Delhi HC matter ?

Karuna Nandy : Iam, there was also a fresh matter