@ Sudakshina Banerjee
That he adulterous wife should also get punished is the only, I repeat, ONLY, angle from which this section is looked at. This article was written with the intention to put forth the other angles to the section which are not brought forth by anyone. For e.g. while concentrating on the fact that the adulterous wife escapes without any punishment, we forget that the section DOES NOT give any right to the wife of the adulterous husband to start a case. Or, for that matter, a husband is entitled to get divorce if his wife enters into a relationship with another man, whether that man is married or not but a wife cannot get the same recourse if the husband enters into a relationship with an unmarried or divorced woman because such a relation won't be held to be adultery.
The most astonishing factor about 497 I.P.C IS THE WIFE WILL NOT GET ANY PUNISHMENT.IF the offence is proved then the husband will get divorce quickly.AS law is a ever changing, dynamic subject so provision for penalty for adulterers wife should be there.
I agree with the view of yours that the concerned law is biased against both the genders. In fact, unlike what Men's Rights activists would want us to believe in, this concerned section is detrimental to both the genders and that is exactly what I have tried to point out, vide this article. The concerned section of the I.P.C., 1860 needs wholesome amendments.
Avik, on similar note, if women or her family beats a husband, you can at most file a civil case, but in opposite case, the man or his family faced 498a. So some where man is in benefit and some where women is. And one point ignored was: In case a man is found to have sex with other woman, she can file for divorce and get better alimony. There is a case going on where husband is asking alimony as his wife is earning much more. I feel all these are meaningless. If a marriage is genuinely void, court should recognise this and help. A man married for 20 years and with children can not even dream of divorce
Yes V.R.Shroff sir. I do agree that both should be punished. But then, why should the section disbar women from filing cases of adultery against their husbands or at least their lovers, even if the husbands are openly indulging in adulterous affairs? isn't that being unfair sir? If one wishes to make both the genders equally liable under the section then equal power and rights, under the section, shall also have to be granted to both the genders!
BOTH SHOULD BE PUNISHED. child heir of crores of property Man enjoyed, paid in cash or kind [ no sex is free] a victim, gets punishment of parting property and maintaining child!!culprit is WOMAN, not punishable!Justice !! COST OF BOTH MAN .AID.