On January 16, a three-judge Supreme Court bench led by Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala scheduled a hearing on the constitutional validity of the marital rape exception for March 21, 2023. The petitions are divided into four categories: the first is an appeal against the Delhi High Court's split verdict on the marital rape exception; the second is a PIL filed against the marital rape exception; the third is a plea challenging the Karnataka High Court's decision that upheld charges framed against a husband under Section 376 IPC for forcible sex with wife; and the fourth is an intervening application.

Tushar Mehta, the Solicitor General of India, stated in a submission: "In view of the split verdict- the first option is that your lordships can ask the third judge of the High Court to decide the matter and then your lordships can have final view. Second option is to hear the case. With the first option, this Court will have the benefit of the view of High Court."

CJI DY Chandrachud, on the other hand, stated that the High Court's views were already before the Supreme Court. The CJI inquired whether the Union intended to file counter-affidavits in the matter. SG Mehta responded in the affirmative, stating that because the matter would have social ramifications, the Union would have to file a counter. He went on to say- "The central government has asked the States for their views. Apart from legal ramifications, it also has social ramifications."

CJI DY Chandrachud, while dictating the order said– "Union of India shall file counter affidavits by 15th Feb 2023. The batch will be heard on 21st March 2023. Ms. Pooja Dhar and Ms Jaikriti Jadeja have been appointed as nodal counsels. They shall prepare a common compilation. Written submissions shall be filed by 3rd March 2023."

Sr Adv Indira Jaising, who represented the wife in the appeal against the Karnataka High Court decision, sought an application for suppression of identity. She stated- "In the compilation, I will not share my pleadings. I will only share the legal points. There is an application for suppression of identity."

Case Title: Hrishikesh Sahoo v. State of Karnataka And Ors. & Connected Matters
Citation: SLP(Crl) No. 4063-4064/2022