Thread by @barandbench

CJI SA Bobde: If two people are married to each other. The husband may be brutal and commit wrong. But can the act of sexual intercourse between lawfully wedded man and wife be called as rape?

Adv Aditya Vashisht:We appear to be married. My consent was not taken

#SupremeCourt

Adv Vibha Dutta Makhija: Counter affidavit clearly shows her consent

#SupremeCourt

Makhija: it's a habitual act of this lady. She had committed this act with two others in office

CJI: this argument is possible only because you are making it. You know what courts have ruled on the word habitual for a victim?

Makhija: she is not the victim, she is complainant

The case of Adv Makhija is a plea for for quashing a section 376 complaint because the lady had a 2 year live in relationship - and there was no false promise to marry because she was travelling and staying with him.

The plea in Supreme Court states that the woman pretended to be married and wore a "mangalsutra" and "sindoor"

#SupremeCourt

CJI SA Bobde: we suggest that you withdraw and apply for discharge after evidence is led. That might give you are surer decision. 482 we are not inclined to interfere.

Makhija: The sword of allegations hang on my head

CJI: allow to withdraw with liberty to approach HC. protection from arrest granted.

Adv Vashishnath: There are messages by the woman. The stay should not be granted.

Makhija: there is extortion

CJI: Where is criminal intimidation charge

Vashishnath: He is implicated in other cases too

CJI: we will stay the arrest for 8 weeks. Let trial court decide the rest.