When you have a romantic or sexual relationship with someone who is not your spouse. This type of relationship often occurs outside the boundaries of the committed partnership and can be secretive. Criminal provisions have lately been removed from India’s adultery laws but Extra Marital Affairs can have significant emotional and social consequences for all parties involved.
Section 497 of IPC Define Adultery
As per Section 497 of the Indian Penal Code (IPC) adultery is a criminal offense that could result in up to five years in prison, a fine, or both.
This section stated that a person was guilty of adultery if they had sexual intercourse with a person who was known or believed to be another man’s wife, without the man’s consent, and the intercourse did not amount to rape. However, only men could be punished under Section 497, not women
New law on Adultery
Adultery i.e Extra Marital Affair was a criminal offence under Indian Penal Code until it was quashed by the Hon’ble Supreme court Of India on 27 September 2018 as unconstitutional.
A five-judge Constitution bench of the Supreme Court unanimously ruled on 27 September 2018 to repeal Section 497, thus eliminating it as an offence in India.
While reading the judgment, Chief Justice Dipak Mishra said, “it (adultery) cannot be a criminal offence,” however it can be a ground for civil issues like divorce .
Current Legal Status of Extra-Marital Affairs in India
Post-2018, adultery is no longer a criminal offense in India, meaning that individuals cannot be prosecuted or imprisoned for engaging in an extra-marital affair. However, this does not imply that extra-marital affairs are without legal consequences.
Civil Implications:
Grounds for Divorce: While adultery is not a crime, it continues to be a ground for divorce under various personal laws in India, including the Hindu Marriage Act, 1955, the Indian Divorce Act, 1869, and the Special Marriage Act, 1954. A spouse can seek a divorce if the other spouse has committed adultery.
Child Custody:In cases of divorce, the courts may consider the conduct of both parties when deciding on matters such as child custody. An extra-marital affair could potentially impact a parent’s claim to custody, although the paramount consideration remains the child’s welfare.
Alimony and Maintenance:Adultery may influence the decision regarding alimony or maintenance. The court may reduce or deny alimony to a spouse found guilty of adultery.
Societal Implications:
Despite the decriminalization of adultery, extra-marital affairs are still viewed unfavorably in Indian society. The cultural and religious values prevalent in India often condemn such relationships, leading to social stigma, ostracism, and strained familial relationships.
Moreover, the decriminalization of adultery does not absolve individuals of moral and ethical responsibilities towards their spouse and family. The institution of marriage registration is still highly valued in Indian society, and breaches of trust can have profound emotional and psychological effects on all parties involved, including children.
Public Opinion and Controversies
The Supreme Court’s decision to decriminalize adultery was met with mixed reactions. While many hailed it as a progressive step towards gender equality and personal liberty, others criticized it as undermining the sanctity of marriage.
Supporters of Decriminalization:
Advocates of Gender Equality: The removal of Section 497 was seen as a victory for gender equality, as the law was perceived as unjust and discriminatory towards women.
Proponents of Privacy: Supporters argued that the state has no right to interfere in consensual relationships between adults and that the decriminalization of adultery respects individual privacy and autonomy.
Legal Experts: Many legal experts praised the judgment for aligning Indian law with international human rights standards and modern constitutional values.
Critics of Decriminalization:
Conservative Groups: Some conservative and religious groups expressed concern that decriminalizing adultery could lead to an increase in extra-marital affairs, thereby weakening the institution of marriage.
Moralists: Critics argued that the decision could erode moral values and societal norms that uphold the sanctity of marriage.
Adultery in the Context of the Armed Forces
One of the lesser-known aspects of the decriminalization of adultery is its limited applicability in the context of the armed forces. The Supreme Court clarified that while adultery is no longer a crime for civilians, it could still be grounds for disciplinary action in the armed forces. This is because the conduct of military personnel is governed by specific rules and codes of conduct, where discipline and morale are paramount.
Conclusion
Adultery, i.e., an extra-marital affair, is no longer a criminal offense, but it is not widely acceptable in society and can still have legal implications in certain contexts, such as divorce proceedings. In family law, particularly in divorce cases, adultery can be considered a ground for divorce under various personal laws. So while it won’t result in criminal charges, it might impact legal disputes related to marriage and divorce. If you find yourself navigating such complex situations, it’s crucial to consult a legal crusader who can provide expert guidance and help you understand your rights and options.
Here are some frequently asked questions (FAQs) about adultery in India, covering its legal, social, and personal implications:
1. Is Extra Marital Affair a criminal offense in India?
No, adultery is no more a criminal offense in India. The Supreme Court of India decriminalized adultery in September 2018 by ruling that Section 497 of the Indian Penal Code (IPC) was unconstitutional.
2. What was Section 497 of the IPC?
Section 497 of the IPC made adultery a criminal offense. It criminalized sexual relations between a man and a married woman without the consent of her husband. The law did not penalize women for committing adultery.
3. Why did the Supreme Court decriminalize adultery?
The Supreme Court decriminalized adultery because it found that Section 497 was discriminatory and violated the principles of equality and privacy. The law was seen as reinforcing gender stereotypes and treating men as perpetrators and women as passive victims.
4. Does Extra Marital Affair still affect divorce proceedings?
Yes, adultery can still be a ground for divorce under various personal laws in India. For example, under the Hindu Marriage Act, 1955, adultery is one of the grounds for seeking divorce. Personal laws governing divorce may differ depending on the community or religion.
5. Can someone be sued for damages related to adultery?
While adultery itself is not a crime, it can sometimes be cited in civil suits, especially in the context of divorce proceedings. However, suing for damages specifically related to adultery is less common and may not be straightforward.
6. How does Extra Marital Affair affect alimony and property settlements?
Adultery can impact divorce settlements, including alimony and property division. Courts may consider adultery when determining the financial settlement or alimony, although the primary focus is generally on equitable division and the financial needs of both parties.
7. Can Extra Marital Affair impact child custody decisions?
Adultery itself is not a direct factor in child custody decisions. Courts focus on the best interests of the child, including factors such as parental fitness, stability, and the child’s overall well-being. However, if adultery affects the parenting situation significantly, it could be considered.
8. What are the social implications of Extra Marital Affair in India?
Adultery can have significant social implications, including stigma and damage to personal relationships. Despite the legal decriminalization, societal attitudes towards adultery can still be conservative and judgmental.
9. What should someone do if they suspect their spouse of adultery?
If someone suspects their spouse of adultery, they should consider seeking legal advice and possibly counseling. It’s important to handle such situations with care to avoid legal complications and emotional distress.
10. Can Extra Marital Affair affect inheritance rights?
Adultery itself does not generally affect inheritance rights. Inheritance laws are usually governed by personal laws and may not directly consider adultery. However, divorce and related legal outcomes could potentially influence inheritance issues.
11. What are the steps to take if adultery is suspected in a marriage?
If adultery is suspected, one should gather evidence carefully and seek legal and/or counselling advice. It’s important to address the situation through appropriate legal channels if it leads to divorce or other legal actions.
12. Are there any legal protections for individuals affected by adultery?
Legal protections in the context of adultery primarily relate to divorce and family law. Individuals can seek legal remedies through divorce proceedings, which may include claims for alimony, property division, and custody arrangements.
13. Does the decriminalization of adultery affect any other laws?
The decriminalization of adultery primarily impacts criminal law. However, personal laws related to marriage and divorce continue to treat adultery as a factor in family law matters, such as divorce proceedings.
14. What is the current status of laws related to Extra Marital Affair in India?
As of 2024, adultery is not a criminal offense in India. However, it remains relevant in the context of family law, especially concerning divorce and related legal proceedings.
If you need specific legal advice or assistance, it’s advisable to consult with a legal expert who can provide guidance based on your particular situation and jurisdiction.
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