The Supreme Court in the case Hrishikesh Sahoo v. State of Karnataka And Ors observed and has listed the petition concerning the constitutional validity of the Marital Rape exception on May 9, 2023. Therefore, the batch of petitions was being listed before the bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala for 21.03.2023, which could not be heard then owing to Justice Pardiwala’s absence.
The said matter was being mentioned again before the bench by Senior Advocate Indira Jaising and Advocate Karuna Nundy seeking a specific posting. Therefore, the bench also enquired that ow much time Solicitor General Tushar Mehta would take to argue the matter. It has also been informed by SG Mehta to the Court that owing to the important issues raised in the batch of petitions, also he would need about one and a half day for arguing the matter.
However, the batch of petitions filed included four kinds of matters– first being the appeal against the Delhi High Court split verdict on the marital rape exception; secondly, the PILs which are being filed against the marital rape exception; third is the petition challenging that the judgement of Karnataka High Court which sustained the charges which are framed against a husband under Section 376 of Indian Penal Code, 1860 for forcible sex with wife; and the fourth are the intervening applications.
