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Why Extra Marital Affair Is Legal in India

“The legal system should not regulate who you sleep with,” wrote Rashmi Kalia, who teaches law. Let`s give a direction to this unpopular viewpoint and see what the nation wants. Recently, the law on extramarital relations was decriminalized by the Supreme Court, on the grounds that “the husband is not the master of the wife”. But was this really what this country needed? When a married spouse has consensual extramarital sex with another person who is not his or her spouse, he or she is said to have committed the act of adultery. Others said the Supreme Court should now make marital rape a criminal offense: “Taking all factors together, I believe that the defendants` act of having an extramarital affair that caused severe psychological trauma and affected PW1`s mental health would certainly amount to cruelty to her under Section 498A of the CPI.” The judge concluded. Last August, Joseph Shine, a 41-year-old Indian businessman living in Italy, filed a petition with the Supreme Court to repeal the law. He argued that it discriminated against men by making them responsible only for extramarital affairs, while treating women as objects. Introduction to the Role of Women in Marriage Formation The marriage contract establishes a legal obligation for the husband and his family members to provide alimony to the wife. In […] For the past 150 years, adultery/sexual relations have been treated as a crime under the Indian Penal Code. It was only a few years ago that the honourable Supreme Court, in a landmark decision, decriminalized the act of adultery on the grounds that it was sex-specific, since it punished only the adultery of the wife and not the adulterous wife of the husband. In that judgment, the Supreme Court ruled that the mere fact that a person was involved in an extramarital relationship and that there was a suspicion in the wife`s mind could not be considered psychological cruelty to attract the offence of complicity in suicide under Article 306 of the IPC. 377- checkAdultery – checkNext step: Make marital rape a crime Although adultery has been decriminalized and your partner is having a physical affair with someone, you can divorce in court for adultery. An Indian businessman living in Italy, Joseph Shine, has asked the Supreme Court to abolish the law on extramarital relations.

His argument was based on legal discrimination against men by making them responsible only for extramarital relationships or relationships, while treating women as objects. The Adultery Act in IPC states that a man who commits adultery “should be punished by five years` imprisonment or a fine or both.” Interestingly, Indian folklore and epics are full of stories about extramarital love. Most love poems in Sanskrit, according to scholar J. Moussaief Masson, deal with “illicit love.” Adultery is considered illegal in 21 U.S. states, including New York, although polls show that while most Americans disapprove of adultery, they do not consider it a crime. 1. Can you take legal action against an unfaithful woman? Adultery is an act committed by a married spouse in which the married spouse commits consensual sexual acts with a partner other than his or her spouse. This law did not allow married women to file complaints against their husbands who had had sexual relations with other women. This law was introduced exclusively for the husband of a married woman in order to prosecute the man with whom she is having an affair. When it comes to extramarital affairs, couples in India can seek relief through the options offered: “Society abhors marital infidelity. Therefore, there is no good reason not to treat a woman who has sex with a married man in the same way,” said the 2003 panel, chaired by a judge. “The dilution of adultery laws will affect the sanctity of marriages.

Making adultery legal will harm the bonds of marriage,” a government lawyer told the court, adding that “Indian ethics attach paramount importance to the institution and sanctity of marriage.” If a man`s extramarital affair causes serious discord between married couples, he can be condemned. In short, the man who has an extramarital affair with another man`s wife is only held responsible for adultery. The Court is showing the way again! Well done #CJI #DipakMisra – absolutely fair. Adultery is grounds for divorce – but criminalizing consensual sexual and marital decisions is overreaching the state. The only time the state should be in your bedroom is when consent is lacking. If a man`s extramarital affair causes serious domestic discord between the couple, he can be convicted of psychological cruelty to his wife under Section 498A of the Indian Penal Code (IPC) and sentenced to prison, the Madras High Court has said. “Men often filed criminal complaints against suspicious or conceited men who they believed had relations with their wives. These allegations could never be proven, but in the end they tarnished the reputations of their separated or divorced partners,” he told the BBC. Following these observations, Judge Chakravarthy stated in the case before him that it had been proved by prosecution witnesses that the convicted person had indeed had an extramarital affair. The police had presented the birth certificate of a child born from this relationship. Hindu, Christian and Parsi law recognize judicial separation based on adultery.

Commitment is the soul of marriage. Dishonoring your marital bond is both religiously and morally reprehensible. Being involved in an affair outside of marriage means dishonoring your marriage relationship and should therefore be criminalized. According to Muslim law, the husband can divorce his wife by rejecting the marriage without giving reasons for such divorce. He can divorce his wife, who is involved in an extramarital affair, saying only words that signal his intention to disown the woman. However, a Muslim woman can divorce her husband for adultery in three ways: Although it was argued on behalf of the convicted person that the Supreme Court in K.V. Prakash Babu v. Karnataka State (2016) had ruled that an extramarital relationship per se would not amount to subjecting the woman to psychological cruelty, The judge stated: The judgment must be read in its entirety. Lord Macaulay, the principal initiator of the Indian Penal Code, objected to the possibility of examining such an article in the underlying context and demanded that it be kept outside the scope of the criminal laws enacted by the Indian Justice Commission. He was of the opinion that such participation was unnecessary and unfounded and that marital infidelity should be left to the community that should be taken care of. In extramarital affairs, the woman is not punishable as a partner. Similarly, an unmarried woman cannot be prosecuted for adultery.

According to the Adultery Act in India, the crime is an extramarital affair committed by a man against another married man. To better understand this, let`s take a detailed look at the reasons behind the law. It is essentially the extramarital affair that is offensive for social, cultural, religious and legal reasons. However, the landmark decision that struck down Article 497 and decriminalized adultery was interpreted roughly. People misunderstood as if the law punished extramarital affairs. The law does not and cannot legalize extramarital affairs. In India, a marital relationship is considered a pious and holy covenant, and therefore an act of adultery committed by the husband or wife is called a violation of this sacred bond. Other names used for adultery or extramarital affairs include infidelity, fornication, infidelity, etc. The wife, if she is sure of the husband`s extramarital affair that led to adultery, must gather evidence against her spouse. It is very difficult to obtain direct evidence, so verifying the evidence is a solid basis to fight for. The general evidence of the husband`s illegal relationship will not be sufficient to support the case, so the following is considered solid evidence: “Therefore, the court cannot turn a blind eye to the hard evidence and facts of this case. The extramarital affair affected PW1`s (wife) mental health to such an extent that it led to serious domestic discord and forced her to leave her marital home.

Polite greetings! Marriages are a pious institution, and blatant disregard for this institution through adultery is an obvious reason for both spouses to divorce in court. In such situations, lawyers play an important role in protecting your interests. The offices of G.S. Bagga & Associates have over 7 years of experience in family law and matrimonial matters. If you have found the above information satisfactory, you can contact us and book a free consultation. We are happy to support you with our legal expertise in this area. Do not hesitate to contact us at any time. The Adultery Act in India defines adultery or extramarital affairs as a criminal offence.

Adultery is defined as a married man who has consensual sex with another married woman. She could be any woman who is not his wife, without his wife`s knowledge. The main concern, according to the respected Economic and Political Weekly, is not whether expectations of fidelity in a marriage are good or bad, or whether adultery means sexual freedom. First and foremost, the reason for the decriminalization of the adultery law in the ICC was that it placed rights only in the hands of the husband.