Landmark Supreme Court Judgement - Extra Marital Affair
Is extra marital affairs legal?
What is meant by extra marital affairs?
According to law, an Extra-marital affair or Adultery is not only a ground for Divorce but also has been recognised as a legal ground for Judicial Separation. Thus, in the case of Extra-marital affairs spouse can apply for the Judicial remedy also.
In this video legal expart Adv Papia (Decode The Law) will discuss about that latest judgement of Hon'ble Supreme Court related to Extra Marital Affair under issue whether the fundamental right to privacy of a spouse can be breached in case of an allegation of adultery in divorce proceedings. In this judgement Supreme Court will observe the case in the light of Joseph Shine v. Union of India, (2019) 3 SCC 39, to claim that the freedom to have a consensual s*uual relationship outside marriage by a married person does not warrant protection under Article 21. And "regressive and draconian" precedent turning the clock behind and taking the society back to the era prior to Justice KS Puttaswamy (Retd.) v. Union of India, (2017). Fundamental right to privacy of a spouse can be breached in case of an allegation of adultery.
🖇️Judgement link-
[ Ссылка ]
1:06- Background
4:44- Facts of the case & Supreme court observation
8:54- Important aspects
🟨 Acts and Sections in this video:
Section 14 in The Family Courts Act, 1984
The Indian Evidence Act, 1872
Article 21 in The Constitution Of India 1949
🟨 Section 497 in The Indian Penal Code
This offence makes a man criminally liable who has sexual relations with a woman, who is the wife of another man. And if the husband consents or connives to such an act it will no longer be adultery. There is no right to a woman in case her husband commits adultery. In ancient history, adultery was considered to be a sinful act either done by a married man or woman. Adultery in India does not treat a woman as a culprit but as a victim who has been seduced by a man to do such an act.
How was it decriminalized?
A writ petition was filed under Article 32 by Joseph Shine challenging the constitutionality of Section 497 of IPC read with Section 198 of Cr. P.C., being violative of Article 14, 15 and 21. This was at first a PIL filed against adultery. The petitioner claimed the provision for adultery to be arbitrary and discriminatory on the basis of gender. The petitioner claimed that such a law demolishes the dignity of a woman. The constitutional bench of 5 judges was set up to hear the petition.
Landmark Supreme Court Judgement - Extra Marital Affair
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