Abstract

The decision taken by the Andhra Pradesh High Court in the case of T. Sareetha v. T. Venkata Subbaiah has become increasingly relevant in light of the current debate on the criminalisation of the offence of marital rape. This paper analyses the facts, arguments and judgement in the case. Further, it introduces the angle of marital rape, which the Court made a reference to in the judgement by relating the misuse of the doctrine of restitution of conjugal rights to the enforcement of non-consensual intercourse by husbands on their wives. It also examines the recent developments in the same field and thereby emphasises both the details of the T. Sareetha judgement as well as its place in the larger picture of women’s fundamental rights and the challenges they face from the patriarchal social institutions and the legal framework.

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