The legality of the immunity granted to husbands in marital rape will be decided by the top court. It's a matter of law, the Centre will have to argue on the point of law, CJI said. Supreme Court stayed Karnataka High Court ruling on marital rape. The Supreme Court on Wednesday said that it will decide on the legality of the immunity granted to husbands from prosecution in marital rape cases based on legal principals, regardless of whether the Centre takes a stand on the matter. "It is a matter of law. They (Centre) will have to argue on the point of law if they have chosen not to file an affidavit," a bench headed by Chief Justice of India DY Chandrachud said. The response from the court came after senior advocate Indira Jaising, representing some petitioners, urged the court to take up the case as it always gets listed but couldn't be addressed due to a lack of time.