The effective implementation of these laws and other women friendly provisions in the constitution insures that women, today, have an edge in the society. In such a case the wife shall not be punishable as an abettor. It appears that the court believes that the man has an unstoppable seductive charm and the woman is helpless against it. Thus women today are in no way inferior to men or suppressed, and are at par with the opposite sex. Couples cannot use adultery as a ground for divorce if they lived together as a couple for six months after the infidelity was known about. Delay in filing of petition especially when there are children involved is taken lightly. What is considered to be Adultery? Another effect of this provision that may be worth pointing out is that in cases where a married man indulges in sexual intercourse with an unmarried woman, the man cannot be charged of adultery although his wife and the unmarried woman are sore victims of such an act.
The Chief Justice said today that adultery might not be the cause of an unhappy marriage; it could be the result of one. Further, this provision only punishes a man, thus, assuming that a woman is incapable of thinking and taking responsibility for her own actions. In the light of the above mentioned statement the question as to whether such an act poses a threat to society as a whole and warrants a punishment of imprisonment for a period of 5 years, arises. Firstly, the couple has to obtain an annulment from the Church and then they may approach court for a decree of divorce. Unlike many other countries in India, marriages are considered to be more sacramental and union of two persons and their families, than a legal contract between two members. Union of India and Ors, the court held that that Section 497 of the Indian Penal Code does not permit the husband to file a case against the wife who has performed adultery nor does it permit the wife to bring a case of adultery against the husband, and thus, the law is not biased towards anyone.
Section 22 of the Indian Divorce Act bars a decree of divorce, but states that a judicial separation may be obtained by both the husband and the wife on the grounds of adultery. Also read: What are the arguments against the adultery law? It was also contented that this section confers upon the husband the right to prosecute the adulterer but does not confer any right upon the wife of the adulterer to do so. The judgment has welcomed both criticism and praises Adultery has been decriminalized however it is as yet a substantial ground for divorce. But the Union home ministry defended Section 497 by referring to a judgment passed in 1985 Sowmithri Vishnu vs Union of India case. Regardless of the way that there is no affirmation or recognition permitted to a second wife, as a result of the legal interpretation of existing law as discussed above, she may have a couple of chances of getting maintenance. Now we are leaving in a democratic country. The Bible too forbids adultery and the seventh commandment clearly states this.
For Daily Must Read Newspaper articles,. However, if the woman is below 16 years of age, her consent to such sexual intercourse may also be immaterial and would constitute rape. The importance of blood tests for establishing, and not merely eliminating the paternity of a particular man is felt much in modern time. More than 60 countries around the world had done away with laws that made adultery a crime, according to Indian lawyer Kaleeswaram Raj. The blood grouping test is a perfect test to determine the question of disputed paternity of a child and can be relied upon by courts as a circumstantial evidence. It is considered illegal in many countries, and certain laws have been passed to keep a check on it. It is best to know the truth even if it results in bastardizing a child.
The Courts have taken a serious view of adultery and granted taking into consideration various social conditions and circumstances of the party seeking divorce including the presence of children. Dear Anchit, First of all i wish your all success in life. We can trace the roots of adultery laws in India, in verses 6 and 7 of the oldest laws of Code of Ur-Nammu. During the British regime the law of guardianship was developed by the courts. Analysis of Adultery Law Basically, the law says any sexual intercourse of a man with a married woman without the consent of her husband when such sexual intercourse was voluntary and does not amount to rape. Adultery is no longer a crime in India though it can be grounds for divorce, the Supreme Court said today, junking a 158-year law that punished a man for an affair but not the woman, treating her as her husband's property. It may also be noted that mere knowledge of the existence of the husband would be sufficient to prove knowledge.
The Act has recognized adultery itself as an offence and no additional offence has to be proved in order to obtain a decree of divorce or judicial separation. In the case of Yusuf Abdul Aziz v. Family rights campaigners had long championed the controversial law, arguing that it helped preserve social stability. For sure, even under the criminal law, it is hard to prove bigamy, as the marriage must be truly performed to prove the offense of bigamous marriage. Therefore, the objective with which adultery had been criminalized is now close to being obsolete. Almost all professional colleges has a quota for women.
The Supreme Court, in these cases, relied on the justification that an outsider to the couple in matrimony, who poisons their peace in married life, should alone be punished. The legal system should only regulate the process of divorce to a degree when one or both the partners violate the marriage. Go for Divorce through mutual consent or otherwise Divorce through contest. Previously any man who had sex with a married woman, without the permission of her husband, had committed a crime. We however, think that the reason which weighted with the Law Commissioners in the last century in exempting the wife from punishment are by and large no longer valid, and there is hardly any justification for not treating the guilty pair alike. In the case of Zaffar Hussain v. However, after Thursday's ruling, people have been largely supportive of the verdict.
In order to create your account we need you to provide your email address. Have there been previous challenges to the law? The standard of proof for rebuttal of legitimacy is beyond reasonable doubt and not merely balance of probability. The author can be reached at: christopher. Hence, by rethinking the purpose behind the criminalization of adultery, and eventually disregarding it as legitimate law the progress of women from being perceived as helpless to being on par with men and equally self-sufficient, can be achieved. A man can still opt for judicial separation or divorce from an adulterous wife even though he cannot criminally prosecute her.