Delhi HC dismisses plea for making marital rape a ground for divorce

The Delhi High Court on Tuesday rejected a plea seeking a direction to the Centre to frame laws to declare marital rape as a ground for divorce.

A division bench of Chief Justice DN Patel and Justice C Harishankar observed that it cannot give a direction to the government to legislate and make laws.

The petition had also sought appropriate punishment for marital rape.

There should be a clear guideline for registration of a case relating to marital rape to fix accountability, responsibility and liability of the authorities concerned, it had contended.

Advocate Anuja Kapoor had filed the writ petition on behalf of the petitioner, saying that the grave violations of the various laws and fundamental rights were taking place.

He had said that penalty and punishment should be awarded to safeguard the fundamental rights guaranteed by the Constitution and dignity of the woman in marriage.

At present, marital rape is not a ground for divorce under the Hindu Marriage Act, 1955, the Muslim Personal Law (Shariat) Application Act, 1937 and the Special Marriage Act, 1954.