Extra Marital Affairs no longer would amount to offence of Adultery, Section 497 of Indian Penal Code, struck down by Hon’ble Supreme Court in 2018. Paving a way for reformation in legal prosecution system, Hon’ble Supreme Court of India has struck down criminal offence of Adultery, in Joseph Shine vs. Union of India, 2018 observing that it is violative of woman’s right to her own autonomy and sexual freedom. Observing, that sexual privacy is a natural right, fundamental to liberty and a soulmate of dignity. The application of Section 497 is a blatant violation of these enunciated rights. Adultery does not constitute an criminal offence anymore, however, it can be a ground for divorce in contested divorce proceedings.
By Adv. Sofia Bhambri, Managing Partner at S.Bhambri & Associates (Advocates), Delhi