A Division Bench of the Delhi High Court comprising Justices Rajiv Shakdher and C Hari Shankar had delivered split verdict in the case on May 11.
While Justice Shakdher struck down the provision as unconstitutional, Justice Shankar upheld the same.
“The impugned provisions in so far as they concern a husband having intercourse with his wife without consent are violative of article 14 and are, therefore, struck down,” Justice Shakdher had held.
“I do not agree. There is no support to show that impugned exception violates Articles 14, 19 or 21. There is an intelligible differentia. I am of the view that the challenge cannot sustain,” Justice Shankar had ruled.
Source: Barandbench
