The Delhi High Court’s split verdict on marital rape needs resolution
2 years, 7 months ago

The Delhi High Court’s split verdict on marital rape needs resolution

The Hindu  

A division Bench of the Delhi High Court recently delivered a split verdict on whether exception two to Section 375 of the Indian Penal Code, i.e., marital rape exception, is unconstitutional. Since there is no rational nexus between the differentia and the object of the law, marital rape exception fails the test of reasonable classification and must be struck down as unconstitutional. Per Justice C. Hari Shankar, though the object of the main provision is, indeed, to punish acts of rape, the object of marital rape exception is to keep the ‘taint’ of the allegation of rape outside the marital sphere, and thereby protect the institution of marriage. Circular line of reasoning Moreover, according to this opinion, all non-consensual sex cannot be considered rape because the marital rape exception takes sexual acts within marriage outside the purview of the offence and label of ‘rape’.

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History of this topic

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court
3 days ago

Misconceived Consent Obtained On False Promise Of Marriage Constitutes Rape Under IPC: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated the legal principle that a promise to marry made with no intention of fulfillment, which induces consent for sexual intercourse, amounts to consent obtained under a misconception of fact. Dismissing a plea by one accused Sat Paul, seeking quashing of the FIR filed against him for alleged offences under Sections …

Delhi court awards rigorous life term to man for raping minor
1 week ago

Delhi court awards rigorous life term to man for raping minor

Hindustan Times  

New Delhi, A Delhi court has sentenced a man to rigorous imprisonment for life for committing aggravated penetrative sexual assault on a seven-year-old girl in February. Delhi court awards rigorous life term to man for raping minor Additional sessions judge Babita Puniya said "digital rape" was among the "most vilest and revolting form of rapes". Special public prosecutor Sharawan Kumar …

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant
Trending News
1 week, 4 days ago

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant

Live Law  

The Calcutta High Court has quashed a case of alleged rape filed by a woman, against a man, who she was in a consensual relationship with. The court said: From the said materials, in the case diary, this Court finds that the de facto complainant was aware that the petitioner was not interested in marriage but still continued the relationship …

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App
2 weeks, 4 days ago

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App

Live Law  

Observing that “there cannot be promise of marriage held on to a lady, who was already married,” the Karnataka High Court quashed a rape case registered against a man by a woman whom he met on 'bumble app' where the woman had in her profile projected herself to be a divorced lady. The complainant was already married and had projected …

Delhi court acquits tutor in minor student's rape case: Consensual relationship
2 weeks, 4 days ago

Delhi court acquits tutor in minor student's rape case: Consensual relationship

India Today  

A Delhi court has acquitted a man in an alleged case of rape of his minor pupil in 2019 and observed the complainant was in a consensual relationship with him. "Moreover, the explanation given by the survivor for not disclosing such facts of sexual abuse to her family members or police is not plausible," the court said, "after the alleged …

Rape case against cricketer's relative in Gujarat on ex-fiance's complaint
3 weeks, 6 days ago

Rape case against cricketer's relative in Gujarat on ex-fiance's complaint

India Today  

A rape case has been filed against a cricketer's relative in Gujarat's Rajkot following a complaint by his ex-fiance, who accused him of engaging in sexual relations with her during their engagement and later calling off the marriage. Senior police officer Jagdish Bangarwa confirmed the registration of an FIR for rape against Jeet Pabari but stated that an arrest cannot …

‘Even acquittal can’t erase scars’: SC slams misuse of dowry laws
3 weeks, 6 days ago

‘Even acquittal can’t erase scars’: SC slams misuse of dowry laws

Hindustan Times  

The Supreme Court on Tuesday cautioned courts against the indiscriminate prosecution of a husband’s relatives in dowry harassment cases, rueing the growing tendency to implicate entire families in domestic disputes. “We have no hesitation to hold that the said observation of this court is in fact, sounding of a caution, against non-discharge of the duty to see whether implication of …

Delhi court convicts man for 'attempting' to sexually assault boy in 2015
3 weeks, 6 days ago

Delhi court convicts man for 'attempting' to sexually assault boy in 2015

Hindustan Times  

New Delhi, A court here has convicted a man for "attempting" to commit unnatural sexual offence on a seven-year-old boy in 2015. Delhi court convicts man for 'attempting' to sexually assault boy in 2015 Additional Sessions Judge Amit Sahrawat was hearing the case against the accused who was charged under section 377 of the Indian Penal Code and section 6 …

Mere Breakup Between Consenting Couple Can't Lead To Rape Case On Man: Supreme Court
1 month ago

Mere Breakup Between Consenting Couple Can't Lead To Rape Case On Man: Supreme Court

ABP News  

The Supreme Court on Wednesday while quashing a rape case against a man observed that a mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings. A bench of Justice BV Nagarathna and Justice N Kotiswar Singh quashed the case against man accused of repeatedly raping a woman on the false pretext of marriage …

Mere Breakup Of Relationship Between Consenting Couple Cannot Result In Criminal Proceedings : Supreme Court
1 month ago

Mere Breakup Of Relationship Between Consenting Couple Cannot Result In Criminal Proceedings : Supreme Court

Live Law  

Observing that the non-materialization of a consensual relationship into marriage cannot be given a criminal color, the Supreme Court today quashed a criminal case against the man accused of repeatedly raping a woman on the false pretext of marriage. “a mere breakup of a relationship between a consenting couple cannot result in initiation of criminal proceedings. “A review of the …

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court
Trending News
1 month, 1 week ago

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court bench at Nagpur recently held that a man even if indulging in consensual sexual intercourse with his wife, who is below the age of 18 years, can be booked for the offence of rape, irrespective of the wife's consent. Single-judge Justice Govind Sanap while upholding the conviction of a man for raping …

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court
1 month, 1 week ago

Man Cannot Be Held Guilty Of False Promise To Marry When Victim Willingly Consented To Physical Relationship: Calcutta High Court

Live Law  

The Calcutta High Court has held that when an adult victim knowingly and willingly consented to sexual relations with a man, the man cannot later be held guilty for committing the offence of rape on the pretext of marriage. The victim lady being an adult was aware of the consequences of such relationship and denial on the part of the …

Marital rape criminalisation to Google antitrust: High profile cases 51st Chief Justice of India Sanjiv Khanna will hear
1 month, 1 week ago

Marital rape criminalisation to Google antitrust: High profile cases 51st Chief Justice of India Sanjiv Khanna will hear

Live Mint  

Justice Sanjiv Khanna took oath as the 51st Chief Justice of India at Rashtrapati Bhavan, Delhi on Monday. CJI Sanjiv Khanna is was part of key landmark judgements, including electoral bonds scheme, abrogation of Article 370, etc. CJI Sanjiv Khanna takes over as the new CJI today: High-profile cases listed in coming months After taking over the charge of the …

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS
2 months ago

Supreme Court to Hear Arguments on Marital Rape Law: Examining Exception 2s to IPC and BNS

The Hindu  

The Supreme Court will continue hearing on Wednesday a batch of petitions challenging the constitutional validity of Exception 2 to Section 375 of the Indian Penal Code, 1860 (IPC) and Exception 2 of Section 63 of the Bharatiya Nyaya Sanhita (BNS), 2023. These provisions grant legal immunity to Indian husbands by stipulating that “sexual intercourse or acts by a man …

Erode man gets 10 years of imprisonment for rape
2 months, 3 weeks ago

Erode man gets 10 years of imprisonment for rape

The Hindu  

The Mahila court in Coimbatore sentenced a man to undergo 10 years of imprisonment for raping a woman in Coimbatore in 2020. Mahila court judge R. Nandhinidevi awarded the punishment to Sibiraj, 34, who hails from Erode district, on Thursday. The police said that Sibiraj, an IT employee by profession, befriended a woman from a place near Thudiyalur in 2020 …

SC to decide on marital rape law despite Centre’s silence
3 months ago

SC to decide on marital rape law despite Centre’s silence

Hindustan Times  

The Supreme Court on Wednesday made it clear that it will decide the legality of the immunity granted to husbands from prosecution for marital rape solely on legal principles, even if the Union government does not take a stand on the issue. The issue also includes the Delhi high court’s split verdict from May 2022, which remains pending for the …

SC to decide on marital rape law despite Centre’s silence
3 months ago

SC to decide on marital rape law despite Centre’s silence

Hindustan Times  

The Supreme Court on Wednesday made it clear that it will decide the legality of the immunity granted to husbands from prosecution for marital rape solely on legal principles, even if the Union government does not take a stand on the issue. The issue also includes the Delhi High Court’s split verdict from May 2022, which remains pending for the …

SC says it will consider listing pleas challenging marital rape exception soon
3 months ago

SC says it will consider listing pleas challenging marital rape exception soon

New Indian Express  

NEW DELHI: The Supreme Court on Wednesday said that pleas challenging the marital rape exception had not been taken due to a day-long hearing in another matter relating to customs appeals today. A batch of pleas were pending in the top court for hearing, including the of plea of AIDWA challenging the marital rape exception under the new criminal laws. …

Delhi court sentences man to 12-year jail in minor’s sexual assault case
3 months, 3 weeks ago

Delhi court sentences man to 12-year jail in minor’s sexual assault case

The Hindu  

A New Delhi Court has sentenced a man to 12 years of imprisonment for kidnapping and sexually assaulting a six-year-old girl in 2020. It also awarded ₹7.5 lakh as compensation to the victim, saying the purpose of the criminal justice system is not only to attain catharsis by handing down proportional punishment but also to rehabilitate the victim. “In the …

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court
4 months ago

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court

Live Law  

In a significant order, the Nagpur bench of the Bombay High Court held that the girlfriend of a husband cannot be booked under charges of domestic violence or cruelty punishable under section 498A of the Indian Penal Code. "As the applicant is not the relative of husband of the complainant, 498-A of the Indian Penal Code shall not be attracted. …

Legally Speaking | Rape, outrage, and the legal system: Tracing the evolution of India's rape laws
4 months ago

Legally Speaking | Rape, outrage, and the legal system: Tracing the evolution of India's rape laws

Hindustan Times  

The brutal rape and murder of a postgraduate trainee doctor at Kolkata’s RG Kar Medical College has once again highlighted issues surrounding violence against women, the role of the legal system, and societal attitudes. The history of rape laws in India reveals that public outrage following heinous crimes has often served as a catalyst for legal reforms. The term "rape" …

Supreme Court indicates hearing on marital rape pleas would commence on August 13
4 months, 2 weeks ago

Supreme Court indicates hearing on marital rape pleas would commence on August 13

Hindustan Times  

The Supreme Court on Monday indicated that the hearing on petitions regarding the immunity of husbands from marital rape would commence on August 13. One petition before the Supreme Court is an appeal by a man, whose trial for raping his wife was approved by the Karnataka high court in a March 2022 ruling. The Union government then told the …

Supreme Court to hear marital rape pleas next week
4 months, 2 weeks ago

Supreme Court to hear marital rape pleas next week

New Indian Express  

NEW DELHI: The Supreme Court on Monday assured the petitioners that it would hear the batch of pleas challenging the marital rape exception under the new criminal laws next week. The three-judge bench of the apex court, led by Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, while taking on the submissions of senior advocate …

The SC criticises ‘undue’ sympathy shown by lower courts in bigamy cases
4 months, 3 weeks ago

The SC criticises ‘undue’ sympathy shown by lower courts in bigamy cases

Hindustan Times  

On July 15, a division bench of the Supreme Court pronounced an interesting judgment, coming down heavily on a couple for committing bigamy and sentencing a woman and her second husband to six months in jail each. While enhancing the punishment imposed by the Madras High Court, the apex court went on to chastise the High Court’s sentence of ‘imprisonment …

Delhi court directs police to take action against woman for false rape complaint
4 months, 3 weeks ago

Delhi court directs police to take action against woman for false rape complaint

Hindustan Times  

New Delhi, A court here has directed the Delhi Police to take legal action against a woman for registering a false rape case, saying the special privileges given to women should not be used as "sword" to settle personal scores. Delhi court directs police to take action against woman for false rape complaint Additional Sessions Judge Shefali Barnala Tandon also …

Husband Can't Be Held Guilty U/S 377 IPC For 'Unnatural Sex' With Wife: Uttarakhand High Court
5 months ago

Husband Can't Be Held Guilty U/S 377 IPC For 'Unnatural Sex' With Wife: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has observed that if an act between the husband and wife is not punishable under Section 375 IPC due to operation of Exception 2 to it, a husband can't be held guilty under Section 377 IPC for 'unnatural sex' with the wife. Relying upon the Supreme Court's decision in the case of Navtej Singh Johar and …

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years
5 months ago

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years

News 18  

The Kerala High Court has quashed the criminal proceedings against a man accused of rape, in a case filed after 13 years of the alleged incident, concluding that the sexual intercourse was consensual and not based on any misconception of fact. The court observed that no formal complaint was filed until 2017, with the first alleged incident occurring 13 years …

SC to hear pleas challenging marital rape exception in new criminal law on July 18
5 months, 1 week ago

SC to hear pleas challenging marital rape exception in new criminal law on July 18

New Indian Express  

NEW DELHI: The Supreme Court on Tuesday assured the petitioners that it would hear on Thursday the batch of pleas challenging the marital rape exception under the new criminal laws. Senior advocate Indira Jaising, appearing for one of the petitioners, the All India Democratic Women's Association, in the marital rape case, requested that the top court give due importance to …

Delhi court acquits man charged for rape 9 yrs ago due to lack of credible testimony
5 months, 1 week ago

Delhi court acquits man charged for rape 9 yrs ago due to lack of credible testimony

Hindustan Times  

New Delhi, Over nine years after a man was charged with rape, a court here has acquitted him, saying the testimonies of the alleged victim were not clear, cogent, credible or trustworthy, nor were her allegations corroborated by other material evidence. Delhi court acquits man charged for rape 9 yrs ago due to lack of credible testimony Additional Sessions Judge …

No financial settlement in sexual abuse cases: Delhi High Court
5 months, 3 weeks ago

No financial settlement in sexual abuse cases: Delhi High Court

New Indian Express  

NEW DELHI: In a significant stance against the commercialisation of justice, the Delhi High Court has declared that cases involving allegations of sexual violence cannot be terminated through financial settlements. This observation came as the High Court declined to quash an FIR registered under Section 376 of the Indian Penal Code. Justice Swarna Kanta Sharma, while deliberating on the case, …

Delhi court sentences 49-year-old man to 10 years of RI in child marriage and rape case
6 months, 2 weeks ago

Delhi court sentences 49-year-old man to 10 years of RI in child marriage and rape case

New Indian Express  

Apart from the compensation of Rs 10.5 lakh, the court also imposed a fine of Rs 15,000 on the accused. The prosecution had established that the child was a victim of circumstances who was forced into marriage by her maternal grandmother who was the only one in her family to sustain the living. As per the victim’s statement, she was …

Supreme Court Quashes Conviction For Stalking Due To Marriage Between Convict & Complainant
7 months ago

Supreme Court Quashes Conviction For Stalking Due To Marriage Between Convict & Complainant

Live Law  

The Supreme Court recently quashed the conviction of a man for the offence of stalking and criminal intimidation of the Indian Penal Code after noting that the convict and the complainant married each other during the pendency of the appeal before the Supreme Court.The appellant was tried for the offences of sexual harassment,. The Supreme Court recently quashed the conviction …

S.494 IPC | Friends/Relatives Can't Be Held To Have Common Intention For Offence Of Bigamy By Mere Presence In Second Marriage: Supreme Court
7 months, 1 week ago

S.494 IPC | Friends/Relatives Can't Be Held To Have Common Intention For Offence Of Bigamy By Mere Presence In Second Marriage: Supreme Court

Live Law  

The Supreme Court, in a recent judgment, held that the charge under the offence of bigamy, punishable under Section 494 of the Indian Penal Code, can be framed only against the spouse to the second marriage. By the mere presence of friends and relatives in the second marriage, it cannot be held that they had the common intention to commit …

For an Akshaya Tritiya without child marriages
7 months, 2 weeks ago

For an Akshaya Tritiya without child marriages

New Indian Express  

In early April 2024, the world woke up to the disturbing news of a 62-year-old high priest in Ghana marrying a 12-year-old girl at an event attended by many community members. Closer home, while one in four girls in India are married below the legal age, in 257 high-prevalence districts of the country the incidence of child marriage is more …

India marital rape: Woman accuses husband of ‘unnatural sex’ but judge says it is not a crime in marriage
7 months, 2 weeks ago

India marital rape: Woman accuses husband of ‘unnatural sex’ but judge says it is not a crime in marriage

CNN  

CNN — An Indian judge has dismissed a woman’s complaint that her husband committed “unnatural sex,” because under Indian law it’s not illegal for a husband to force his wife to engage in sexual acts. According to the Madhya Pradesh High Court order, the woman told police her husband came to her house in 2019, soon after they were married, …

‘Unnatural sex by a man with his wife is not rape, absence of consent irrelevant’: MP High Court
7 months, 2 weeks ago

‘Unnatural sex by a man with his wife is not rape, absence of consent irrelevant’: MP High Court

Op India  

The Madhya Pradesh High Court observed that despite ‘Marital rape’ not being recognized as an offence in India, any sexual intercourse, including unnatural sex by a husband with his wife, does not constitute rape, as the wife’s consent is deemed irrelevant in such instances. “…insertion of penis in the anus of a woman has also been included in the definition …

Unnatural Sex By A Man With Wife Not Rape, Absence Of Woman's Consent Immaterial: MP High Court
7 months, 3 weeks ago

Unnatural Sex By A Man With Wife Not Rape, Absence Of Woman's Consent Immaterial: MP High Court

Live Law  

Noting that 'Marital rape' has not been recognised as an offence in India, the Madhya Pradesh High Court has observed that any sexual intercourse, including unnatural sex by a man with a wife, won't amount to rape as the consent of the wife becomes immaterial in such cases. However, as per Exception 2 to Section 375 IPC, sexual intercourse between …

Delhi High Court Expresses Concern Over Judge's Conduct For Suggesting Accused & Victim Settle Rape Case, Orders Trial By Another Judge
9 months, 2 weeks ago

Delhi High Court Expresses Concern Over Judge's Conduct For Suggesting Accused & Victim Settle Rape Case, Orders Trial By Another Judge

Live Law  

The Delhi High Court has expressed concern over the conduct of a trial court judge here who “suggested and assisted” the accused and victim to settle a rape case during recording of prosecution evidence.Justice Swarana Kanta Sharma directed that the case be tried by another judge, to ensure that justice should not only be done but The Delhi High Court …

Delhi High Court Rejects Husband's Plea For Divorce, Says Matrimonial Disputes Due To Mere Lack Of Adjustment Are Unfortunate
9 months, 2 weeks ago

Delhi High Court Rejects Husband's Plea For Divorce, Says Matrimonial Disputes Due To Mere Lack Of Adjustment Are Unfortunate

Live Law  

The Delhi High Court has observed that unfortunate are the matrimonial disputes where the “fountain head of friction” inter se the spouses is mere lack of adjustment, understanding and the will to stay together. “These factors are the wheels of the chariot of a workable marriage and if either spouse becomes averse to move together and chooses to abandon the …

Delhi court initiates woman’s trial for perjury for levelling false rape charges
9 months, 2 weeks ago

Delhi court initiates woman’s trial for perjury for levelling false rape charges

Hindustan Times  

Women misusing the law to level false rape allegations should be dealt with strictly, a Delhi court has said while initiating a trial against a woman for perjury. “.this court is of the considered opinion that it is in the interest of justice that cognizance of the offence of giving false evidence is taken.,” said additional sessions judge Jagmohan Singh …

Minor's Rape Case: High Court Denies Default Bail To Delhi Govt's Suspended Women & Child Department Officer, Wife
9 months, 3 weeks ago

Minor's Rape Case: High Court Denies Default Bail To Delhi Govt's Suspended Women & Child Department Officer, Wife

Live Law  

The Delhi High Court on Monday denied default bail to Delhi Government's suspended Women and Child Development Department officer Premoday Khakha, accused of raping a minor girl over several months and impregnating her. Court also denied relief to Khakha's wife.Justice Jyoti Singh rejected the pleas moved by Khakha and his wife seeking default bail under Section 167 of Code of. …

If Consent Of Woman Was Based On False Promise Of Marriage From Inception, Offence Of Rape Is Made Out : Supreme Court
10 months, 3 weeks ago

If Consent Of Woman Was Based On False Promise Of Marriage From Inception, Offence Of Rape Is Made Out : Supreme Court

Live Law  

To sustain the offence of rape on the ground of false promise of marriage, it must be established that right from the inception, the consent of the woman was obtained based on the false promise, reiterated the Supreme Court. "If it is established that from the inception, the consent by the victim is a result of a false promise to …

Delhi High Court upholds law barring marriage of distant relatives
10 months, 4 weeks ago

Delhi High Court upholds law barring marriage of distant relatives

Hindustan Times  

The Delhi high court upheld the validity of the Hindu Marriage Act provision that prohibits marriage between two people who are distantly related, saying that the consent of parents for a marriage between blood relatives cannot be treated as a custom under the law. The division bench, which also included justice Manmeet PS Arora, said the woman failed to prove …

Delhi HC upholds validity of statute banning ‘sapinda’ marriages in Hindu couples
10 months, 4 weeks ago

Delhi HC upholds validity of statute banning ‘sapinda’ marriages in Hindu couples

Hindustan Times  

The Delhi High Court has upheld the constitutional validity of a provision of the Hindu Marriage Act which prohibits marriages between people who are related to each other through ancestors from their parents' side unless their custom allows them to do so. A bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said, “If the choice of a …

True Love Can’t Be Controlled Through Rigours of Law or State Action: Delhi HC Quashes Kidnapping & Rape FIR
11 months, 1 week ago

True Love Can’t Be Controlled Through Rigours of Law or State Action: Delhi HC Quashes Kidnapping & Rape FIR

News 18  

The Delhi High Court has ruled that “true love” between two individuals, one or both of whom may be minors or on the verge of being a major, cannot be controlled through the rigours of law or state action. The bench of Justice Swarana Kanta Sharma said, “When the scales of justice have to be weighed, they are not always …

Absence of law can’t give blanket immunity to adulterer, says HC
11 months, 2 weeks ago

Absence of law can’t give blanket immunity to adulterer, says HC

Hindustan Times  

Absence of a law that makes adultery an offence cannot provide individuals with a blanket immunity of marrying another person secretly during the subsistence of their first marriage, the Delhi high court said, adding that it was crucial to legally protect those partners who have committed to the sanctity and values of marriage. The bench in the verdict made public …

No Case Of Rape By False promise Of Marriage When Marriage Was Solemnised Ultimately: Supreme Court
11 months, 2 weeks ago

No Case Of Rape By False promise Of Marriage When Marriage Was Solemnised Ultimately: Supreme Court

Live Law  

The Supreme Court, while quashing a criminal case against the accused-appellant for raping a 25-year-old woman on the pretext of marriage, held that there was a consensual relationship that culminated into marriage. Thus, the Court did not find any basis for the allegation that the physical relationship was due to the false promise of marriage as, ultimately, the marriage was …

Withholding Mutual Consent for Divorce in Failed Marriage Cruelty: Delhi HC
11 months, 3 weeks ago

Withholding Mutual Consent for Divorce in Failed Marriage Cruelty: Delhi HC

News 18  

Withholding mutual consent for divorce in a failed marriage or unilaterally withdrawing such consent amounts to cruelty to the other spouse, the Delhi High Court has said while upholding the divorce granted to a husband by a family court here. Such unilateral withdrawal from divorce by mutual consent thus, amounted to cruelty,” the bench, also comprising Justice Neena Bansal Krishna, …

Harassing Husband Publicly, Portraying Him As 'Womanizer' Extreme Cruelty: Delhi High Court Upholds Divorce
1 year ago

Harassing Husband Publicly, Portraying Him As 'Womanizer' Extreme Cruelty: Delhi High Court Upholds Divorce

Live Law  

The Delhi High Court recently upheld divorce granted to a married couple on the ground of cruelty by the wife, observing that her act of harassing and humiliating the husband publicly and portraying him as a “womanizer” in his office is an act of extreme cruelty to him. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal …

'Rape is rape even if committed by a husband against wife': Gujarat HC
1 year ago

'Rape is rape even if committed by a husband against wife': Gujarat HC

Op India  

Amid a series of pleas arguing for the criminalisation of marital rape pending before the Supreme Court, the Gujarat High Court in its recent order observed that rape is rape even if it is committed by a husband against his wife. In its 8th December order, a single-judge bench of Justice Divyesh Joshi highlighted that marital rape is illegal in …

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