Sunday, September 30, 2018

Adultery is legal now (section 497 and 198(2) abolished)













Let’s know what adultery is first. We know that making relations after marriage with someone else is against the law, if a husband finds his wife making relation with some other man, where the man knows that she is married, then he can file a case against him but not against his wife, he can give divorce if he wants. But if the wife finds her husband making relation with someone else she can’t file a case.

In simple we can say adultery means extra marital affairs or cheating on your partner. Below I have mentioned the sections which are abolished-

Section 497 gave a husband the exclusive right to prosecute his wife’s lover. A similar right was not conferred on a wife to prosecute the woman with whom her husband has committed adultery.

Secondly, the provision did not confer any right on the wife to prosecute her husband for adultery.

Section 198(2) the criminal procedure code allowed a husband to bring charges against the man whom his wife has committed adultery.

And now after the abolishment of section 497 and 198(2) adulteries will not be a crime and the court will not see it as criminal offence. Adultery is legal now if it is done with his or her concern. Of course, the other partner can divorce but can’t prosecute them.

However, if any of the partner can’t handle the sentiment and got depressed and commits suicide then court will find the other partner also responsible for this in some way.

No comments:

Post a Comment