Delhi High Court no to declare marital rape as ground for divorce

New Delhi: The Delhi High Court on Tuesday turned down a plea seeking direction to the Centre to declare marital rape as a ground of divorce.

A Division Bench of the High Court presided by Chief Justice D.N. Patel and C. Harishankar said the court was not entitled to do so.

The court observed that this was the mandate of the legislature and the judiciary was not entitled to pass an order on the same.

The plea filed by advocate Anuja Kapur also sought direction for framing of guidelines regarding the registration of marital rape cases.

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

Kapur knocked the doors of the High Court after the Supreme Court refused to entertain her plea.