Marital rape as ground for divorce: SC asks petitioner to approach Delhi HC
New Delhi: The Supreme Court on Monday asked petitioner and lawyer, Anuja Kapur, to approach the Delhi High Court for redressal of her plea seeking a direction to the Union of India for framing the necessary guidelines along with appropriate laws to consider marital rape as a ground of divorce.
A two-judge bench of the Apex Court, headed by Justice SA Bobde, and also comprising Justice B R Gavai, asked Kapur to approach the Delhi High court for seeking relief in the case.
The petition was filed before the Supreme Court by Kapur, seeking a direction to the Central government to ensure that there should be a clear guideline for registration of the cases related to marital rape.
The petition sought a direction to frame necessary guidelines along with appropriate laws and by-laws related to considering marital rape as a ground of divorce.
The petition also sought that there should be a proper guideline for registration of the cases related to marital rape, so that accountability, responsibility, and liability of the concerned authorities could be assigned while awarding penalties to the accused.
To maintain the dignity of women in marriage, the petition of Anuja, pleaded to the Supreme Court that it should pass suitable directions to the respondent (UOI) keeping in mind the welfare, well-being and interest of the public.
Anuja's 47-page petition, a copy of which is available with the ANI, further claimed that there is no law for stopping the marital rape.
The petition said that the top court should hear the petition on an urgent basis and pass a direction which is the need of the hour in order to put a stop to such cases.
The petition further claimed that marital rape is not a crime, and that there is no FIR (First Information Report) registered by a wife against her husband in any police station, rather, cases are being compromised by the police authorities to maintain the sanctity of the marriage between the victims and their husbands.