WHAT IF THERE IS LEGALITY OF ADULTERY STILL EXIST

Abstract-?

If either party of any marriage does voluntarily sexual intercourse with any other person other than his or her spouse then we call that person is doing adultery. Adultery means to corrupt.

Marriage is a sacred bond where loyalty is very important. Both man and woman shall remain loyal to each other. If there is any extra marital affair then it is said that that person breaches her or his spouse's trust.

?The provisions related to adultery is mentioned in section 497 of Indian penal code 1860 and section 198 of code of criminal procedure previously the offence of adultery was criminal offence in India held that the man who committed adultery guilty and the married women was free from criminal responsibility. It stated that the man committing the offence is solely responsible for sexual liaision . It was treated as a crime since the last 1508 years but after the verdict of Hon’ble Supreme Court in Joseph sign versus union of India adultery is discriminalized. It remained a civil wrong rather criminal? offence.

Adultery as a ground for divorce :

Adultery is a ground for divorce or separation personal law all around the world condemn adultery. Under the present laws of India adultery is laid down as one of the groups for divorce or judiciary separation.?

In an offence of adultery the essential ingredients are ---?

1. Should be an act of sexual intercourse other than his or her spouse, and

2. It should be voluntary.

Now discuss about religious laws on adultery as a grounds for divorce-

Adultery as a ground for divorce to different religion :

India is a country which is known for its unity in diversity. India is secular country, it respects all religions. Every religion has its own view. However in adultery also have its every religions own views. Although every religions has different view but the core view remain same . Adultery is a treated as a crime in every religion.

Hindu laws on adultery as a ground for divorce:

Adultery is? defined in section 13(1) of the Hindu Marriage Act, 1955, as a ground for divorce in India.?

?????????????It is defined as a ground for Judicial separation under section 10 of the Hindu Marriage Act,1955,. It states that a file for decree of judicial separation under any of the grounds mentioned in section 13(1) can be filled by any of the parties to a marriage.

Sulekha Bairagi v. Professor kamala kanta Bairagi in this case both section 10 and 13 of the Hindu marriage Act 1955 were the husband stated that he is wife used to visit his correspondence’s house and even found in compromising situation.In this case judicial separation was granted as the decision was taken in favour of the petitions on the merit of the evidence.

Muslim laws on adultery as a ground for divorce :

According to Quran adultery is a severly punishable offence and it is treated to be dealt with by way of stoning to death. In Muslim law a husband has every right to divorce his wife on providing adequate evidence but in circumstances of false acquisition the wife can either ask her husband to retract the acquisition or divorce him under Lian.

Tufail Ahmed v. Jamila Khatun,in the case the Allahabad Court held that such wives who are not guilty of Adultery may use this as a ground for divorce.

Christian laws on adultery as a ground for divorce :

?In India among Christian law regarding divorce and judicial separation is defined in the Indian Divorce Act,1896 and Indian Christian Marriages Act,1872. According to section 22 of the Indian Divorce Act, divorces mensa et toro and it makes provisions for a decree of judicial separation

According to Christian law,the couple has to obtain an annulment from the church then they can approach the Court.

Court’s decision:

Joseph Shine v. Union of India ,in this case by Joseph Shine a writ petition was filed under Article 32 challenging that section 497 of IPC read with section 198 of Cr.p.c violates the constitutional validity of Article 14,15,21. Joseph shine,the petitioner claimed to be arbitrary and discriminatory the provision for adultery on the basis of gender and also claimed that such law demolishes the dignity of a woman.

?Article 14 provides equality before law that means everyone is equal but in section 497 of the Indian penal code 1860 it make in equality between men and women it gives write only the husband to file a case but it does not give any right to women relating filling a case.

The petitioner also content that according to article 15(3) of the constitution of India women are given special protections but section 497 and also violates it

21 of the constitution of India which provides the right to privacy the right of privacy also includes a right to make one own decision about intimate matter.

Decision:

In this case the decision was given by five judges bench which is headed by chief justice Deepak Mishra, the Court strike down section 497 of the IPC.The supreme court held that this section is discriminalize but it is still used as a ground for divorce.

Conclusion:

As we saw that adultery which was determined as a crime it violets Article 14 15 and 21 in justice case it was held as a ground for divorce.If the previous laws relating to adultry still exist then it will showed disrespect to women which is unconstitutional. India provides equality,where women should get equal right as like a man the decision of this case is a respectful one.