Case Comment: T. Sareetha v. T. Venkata Subbaiah

  • Aadya Chaturvedi
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  • Aadya Chaturvedi

    student at Jindal Global Law School, Sonipat, India

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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.


Case Comment


International Journal of Legal Science and Innovation, Volume 4, Issue 1, Page 746 - 752


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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


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