The Delhi High Court Wednesday delivered a split verdict on the issue of criminalisation of marital rape with one of the judges favouring striking down the provision, the other holding it was not unconstitutional, PTI reported. 

The division bench granted leave to the parties to file an appeal before the Supreme Court.

While Justice Rajiv Shakdher, who headed the division bench, favoured striking down the marital rape exception, Justice C Hari Shankar said the exception under the IPC is not unconstitutional and was based on an intelligible differentia, according to PTI report.