New Delhi: The Supreme Court on Wednesday (October 23) deferred hearing by four weeks on pleas seeking criminalising of marital rape and challenging the constitutionality of the exception to marital rape.
Chief Justice of India (CJI) DY Chandrachud, who was heading a three-judge bench, said that he will not be able to conclude the hearing into the matter and deliver the verdict if the hearing does not conclude before the closing of the top court for Diwali vacation.
CJI Chandrachud will demit office on November 10
CJI Chandrachud, who will demit office on November 10, said that all lawyers representing the parties need to be given time sought for making their submissions into the matter.
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The bench, also comprising Justice JB Pardiwala and Justice Manoj Misra, fixed the matter for further hearing by another bench after four weeks.
Apex court started hearing matter on October 17
The apex court started hearing the matter on October 17. The bench, while hearing the matter, had said that it will decide the constitutional validity of penal provisions that grant immunity to a husband from prosecution for the offence of rape if he forces his wife, who is not a minor, to have sex. The bench had also sought the views of the counsels on the contention of the Centre that criminalising marital rape may seriously impact the conjugal relationship and lead to serious disturbances in the institution of marriage.
Apex court is seized of a bunch of petitions on issue of criminalising marital rape
The top court is seized of a bunch of petitions on the issue of criminalising marital rape. The pleas have challenged the constitutionality of the exception to marital rape in the Bharatiya Nyaya Sanhita (BNS) and the Indian Penal Code (IPC).
One of the pleas before the top court is related to a May 11, 2022 split verdict of the Delhi High Court on the issue of marital rape in which the division bench concurred on allowing the petitioners to appeal before the top court as the matter involved substantial questions of law, requiring a decision by the top court.
