NEW DELHI: The Delhi High Court on Tuesday turned down a plea seeking directions to the Centre to declare 'marital rape' as the basis for divorce. Chief Justice D. N. Patel and C. A high court bench headed by Harishankar said that the court is not entitled to do so.
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The court admitted that it is the jurisdiction of the legislature and the judiciary does not have the right to pass orders on the matter. The petition filed by lawyer Anuja Kapoor had also sought an order to formulate guidelines for registration of marital rape cases.
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At present, marriage rules such as the Hindu Marriage Act 1955, the Muslim Personal Law (Shariah) Application Act 1937 or the Special Marriage Act 1954 do not form the basis of divorce. He had approached the High Court after the apex court refused to consider Kapoor's plea.
