The Centre is likely to inform the Delhi High Court on Monday whether it wishes to withdraw its earlier affidavit in which it had submitted that marital rape cannot be made a criminal offence as it could become a phenomenon that may destabilise the institution of marriage and an easy tool for harassing husbands.

A bench of Justices Rajiv Shakdher and C Hari Shankar, on January 28, had asked the Centre’s counsel to take instructions on whether it wants to withdraw its 2017 affidavit.