Thursday, December 18, 2025
ADVT 
India

Delhi HC Declines Plea On Making Marital Rape A Ground For Divorce

Darpan News Desk IANS, 09 Jul, 2019 09:17 PM

    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 Chief Justice DN Patel and Justice C Hari Shankar disposed of the PIL saying the court could not direct framing of laws as it is the domain of the legislature and not the judiciary.


    The court observed that one after another, PILs are filed in the court for framing of laws.


    The PIL had sought that there should be a clear guideline for registration of cases related to marital rape under framed guidelines and laws, so that accountability, responsibility and liability of the authorities concerned can be fixed.


    The plea was filed in the high court after the Supreme Court refused to entertain it and asked the petitioner, advocate Anuja Kapur, to approach the high court for relief.


    She had also sought direction to the government for fixing appropriate punishment/penalties for violation of the guidelines and laws to be framed and enacted respectively.


    “Marital rape is no less an offence than murder, culpable homicide or rape per se. It denigrates the honour and dignity of a human being, and reduces her to a chattel to be utilised for one’s self convenience and comfort. It reduces a woman to a corpse, living under the constant fear of hurt or injury. Medical evidence proves that rape has severe and long-lasting consequences for women,” the plea had said.


    Kapur said in her plea that at present there is an ambiguity in the implementation of the context of marital rape as a ground of punishment or penalty during the registration of such a case in ambit of law.


    “There is a lot of confusion with the authorities concerned that under which law they should register an FIR/case related to marital rape. There should be a clear guideline for registration of the case of marital rape under framed guidelines and laws, so that accountability, responsibility and liability of the authorities concerned can be assigned and, penalties and punishments be awarded to safeguard the fundamental right guaranteed by the Constitution and dignity of the woman in marriage,” the plea said.


    Since marital rape at present is not a crime, there is no FIR registered by a wife against her husband in any police station, it had said.


    Rather, it is being compromised by the police authorities to maintain the sanctity of the marriage between the victim and the husband, it had added.


    “As marital rape is not a ground for a divorce in the Hindu Marriage Act, 1955, Muslim Personal Law (Shariat) Application Act, 1937, and Special Marriage Act, 1954, it cannot be used as a ground for divorce and cruelty against husband,” it had said.

    MORE India ARTICLES

    My Mother Was A Jat Sikh: Manish Tewari Approaches EC Over Anti-Sikh Riots Allegations Against Family

    Senior Congress leader Manish Tewari lodged a complaint with the Election Commission, seeking action against those indulging in “false and malicious” propaganda against him and his family on social media.

    My Mother Was A Jat Sikh: Manish Tewari Approaches EC Over Anti-Sikh Riots Allegations Against Family

    WATCH: Viral Ad On #BarberShopGirls Of Uttar Pradesh Smashes Gender Stereotypes

    Meet the Barbershop Girls of India and the village of Banwari Tola who are together inspiring the next generation of men by breaking stereotypes, one shave at a time.

    WATCH: Viral Ad On #BarberShopGirls Of Uttar Pradesh Smashes Gender Stereotypes

    Priyanka Gandhi Receives Severe Backlash For This Video Of Kids Abusing PM Narendra Modi, Watch Here

    Smriti Irani blasts Priyanka's family over video of kids abusing PM. But clip is incomplete. It fails to show Gandhi asking the children to stop when they shout an obscene slogan.  

    Priyanka Gandhi Receives Severe Backlash For This Video Of Kids Abusing PM Narendra Modi, Watch Here

    Woman Plots Husband's Murder In Greater Noida After He Refuses Divorce: Cops

    The body of the man, Rupendra Singh Chandel, was found with gun shot wounds inside his car on April 28 near Gaur City, the police said.

    Woman Plots Husband's Murder In Greater Noida After He Refuses Divorce: Cops

    Delhi Court Tells AAP's Atishi To Show Proof Of Her Complaint Against Gautam Gambhir

    Lok Sabha elections 2019: AAP's Atishi's petition alleged BJP's Gautam Gambhir enrolled "deliberately" and "illegally" as a voter in Karol Bagh and Rajinder Nagar assembly segments

    Delhi Court Tells AAP's Atishi To Show Proof Of Her Complaint Against Gautam Gambhir

    Indian Election Commission Bars Sadhvi Pragya From Campaigning For 3 Days

    In its order issued on Wednesday, the poll panel "strongly condemned" her remarks and warned her not to repeat "such misconduct" in future.

    Indian Election Commission Bars Sadhvi Pragya From Campaigning For 3 Days