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No Punishment For Extra-Marital Affair: SC

By:  Tupaki Desk   |   27 Sep 2018 12:35 PM GMT
No Punishment For Extra-Marital Affair: SC
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The Supreme Court maintained that Adultery is no longer a crime in India though divorce can be granted on grounds of extra-marital affair. A 5-Judge Bench led by Chief Justice of India Dipak Misra opined that the Husband isn't the master of the Wife or personal property.

As per the Adultery Law - Section 497 of the IPC, Man having an affair with a married woman without the consent of her Husband can face a maximum jail term of five years or fine or both in some cases. However, Lack of any punishment for the Woman, who was projected as a victim, led to the debate of gender justice.

Supreme Court said Section 497 is arbitrary and disallows women from making choices. While reading out the verdict, The Chief Justice maintained that any law which compromises on dignity of an individual and equity of women invites the wrath of the constitution. Finally, A Verdict has been delivered that Man having extra-marital affair with a married woman can't be punished.

Centre argued Adultery should remain a punishable offense so as to protect the sanctity of the marriage. Then, The Top Court questioned how the sanctity can be preserved when extra-marital affair didn't invite punishment when the Husband stood by His Wife who cheated on him.