Adultery |கள்ள தொடர்பு தப்பா , தப்பு இல்லையா ? |INDIAN CONSTITUTION | MASKMOONJI |In Tamil - In this video we clearly explains about the adultery is wrong or not guys so watch fully and share this video to your friends and relation.
Adultery :-
adultery, sexual relations between a married person and someone other than the spouse. Written or customary prohibitions or taboos against adultery constitute part of the marriage code of virtually every society. Indeed, adultery seems to be as universal and, in some instances, as common as marriage.
Adultery is defined as a voluntary sexual intercourse by a married person with a partner other than his/her spouse. The legal definition of adultery varies in different jurisdictions and statutes. Adultery in India is a criminal offence and hence there are provisions related to adultery Indian Penal Code, 1860. Section 497 defines adultery as:
“Whoever has sexual intercourse with a person who is and whom he knows, or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.”
For instance, if Naina is married to Samar, and Naina has an affair with Kuljeet, then Samar can bring charges against Kuljeet, but Naina will not be charged under this offence.
It is important to lay down an establishment, that from the very onset, this law does not seek to preserve the sanctity of marriage- but it pursue to secure the structure of the institution. In case of V. Revathi v. Union of India, it was held that the man was seducer, not woman. Basically it was said that, Section 497 does not provide any right to the wife to prosecute the husband who has committed adultery with another woman. the above mentioned law is striking in its pursuit to incarcerate only the ‘outsiders’ in the marriage and the community also believes to punish the outsider who breaks into a matrimonial home and violates the sacredness of marriage.
In India, Section 497 of IPC a history of 150-year colonial period and, since from its commencement, it has been spinning into debatable and questionable controversies on several accounts, such as its gender bias approach, questioning equality clause, reflecting cultural conflicts, and strong arguments were raised either for its retention, alteration, or complete modification and deletion from penal statutes.
The object, philosophy and justification of legal regulation of the adulterous behaviour of a person in society has been examined appropriately on time scale so as to estimate whether its modification, retention, or deletion is imperative in the cotemporary context or otherwise.
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