Section 497 of ipc for adultery

This query is : Resolved 
 

(Querist)
21 October 2019

Hi,
Recently S.C. had removed section 497 from the act saying that to have sex with a choice of person by a married women is constitutional right hence adultery is now legal. By this verdict i think S.C. is going against the Hindu Marriage Act as in the act it is clearly prohibited that having a husband a women can't sex with another person and this is also an oath out of seven oaths taken during marriage rituals. Whether Hindu Marriage rituals are vague?? or can still any case be filled for adultery challenging SC verdict?? This verdict can not be said in the interest of social living by this our whole society will be full of sin. we will see all the ladies indulge in adultery. How can we stop this??


Hemant Agarwal (Expert)
22 October 2019

1. You can try getting elected as a Prime Minister, with 90% majority in the Lok Sabha and Rajya Sabha and make amendments to the law, in the manner you require. All Indians (residents & non-residents) will be legally bound by such law.

2. BTW, Law does not function as per Morals, Emotions & Sentiments.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

P. Venu (Expert)
22 October 2019

The ratio of the Supreme Court decision is that adultery is not a criminal offence. But it still continues to be a civil wrong and a ground for seeking divorce.

Yes, the Legislature is still competent to enact a new law curing the flaws highlighted by the Apex Court. However, the new law is liable to be struck down if it is violative of Part III of the Constitution.

Dr J C Vashista (Expert)
25 October 2019

Although the Supreme Court has passed judgment yet the society has to accommodate till you become Prime Minister with 3/4th majority in Parliament to annual such an order.



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