The Supreme Court on Tuesday, 10 May, refused to stay a Karnataka High Court order that allowed the trial of a man in a marital rape case filed against him by his wife.
The high court had allowed the trial court's order of framing charges for rape under Section 376 of the Indian Penal Code (IPC), LiveLaw reported.
Further, the high court had held on 23 March:
"The contention of the learned senior counsel that if the man is the husband, performing the very same acts as that of another man, he is exempted. In my considered view, such an argument cannot be countenanced. A man is a man; an act is an act; rape is a rape, be it performed by a man the "husband” on the woman “wife”.”