In Navtej Singh Johar v. Union of India (2018), the Supreme Court struck down part of Section 377…
In Navtej Singh Johar v. Union of India (2018) 10 SCC 1, the Supreme Court partially struck down Section 377 of the Indian Penal Code, 1860 only insofar as it criminalized…
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In Navtej Singh Johar v. Union of India (2018), the Supreme Court struck down part of Section 377 I.P.C. as unconstitutional. How does this decision affect Section 13(2)(ii) of the Hindu Marriage Act ?
Answer and explanation
Correct answer D
In Navtej Singh Johar v. Union of India (2018) 10 SCC 1, the Supreme Court partially struck down Section 377 of the Indian Penal Code, 1860 only insofar as it criminalized consensual sexual conduct between adults in private (and the Bharatiya Nyaya Sanhita, 2023 subsequently omitted the equivalent of Section 377 IPC). This constitutional ruling did not invalidate Section 13(2)(ii) of the Hindu Marriage Act, 1955, under which a wife may still seek divorce on the ground that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy, or bestiality.
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