Extra martial relations
vijayakumar
(Querist) 01 February 2012
This query is : Resolved
Sir, It is strange. The man can be punished for the relation - but the woman cannot be punished for ADULTRY ? Why the law is not Gender neutral?
ajay sethi
(Expert) 01 February 2012
the supreme court has held that women cannot be punished for adultery . unless the law is amended we have to follow the interpretation of section 497 as laid down by the supreme court
ajay sethi
(Expert) 01 February 2012
The Supreme Court today said a woman in an illicit relationship cannot be punished for adultery despite being an abettor in the crime though the husband is liable for punishment.
A bench of justices Altamas Kabir and R M Lodha quashed the case of adultery registered against Kalyani by another woman Sailaja who alleged that her husband was in a illicit relationship with the former. "Indeed, the section provides expressly that the wife cannot be punished even as an abettor. Thus, the mere fact that the appellant is a woman makes her completely immune to the charge of adultery and she cannot be proceeded against for that offence," the court said.
"All the allegations in the complaint taken on their face value do not make out any case against the accused. We are, therefore, satisfied that the proceedings against the appellant are equally fit to be quashed and the high court was in error in not allowing the quashing application filed by the appellant," it said
Though Kalyani had challenged the registration of case against her by police under sections 497 (adultery) and 341 (wrongful restraint), the Andhra Pradesh High Court dismissed her plea, following which she appealed in the apex court.
Interpreting Section 497, the apex court said, "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."
The court said the provision is currently under criticism from certain quarters for showing a strong gender bias.
"It makes the position of a married woman almost as a property of her husband. But in terms of the law as it stands, it is evident from a plain reading of the section that only a man can be proceeded against and punished for the offence of adultery," it said.
ajay sethi
(Expert) 01 February 2012
"Indeed, the section provides expressly that the wife cannot be punished even as an abettor. Thus, the mere fact that the appellant is a woman makes her completely immune to the charge of adultery and she cannot be proceeded against for that offence," the court said.
"All the allegations in the complaint taken on their face value do not make out any case against the accused. We are, therefore, satisfied that the proceedings against the appellant are equally fit to be quashed and the high court was in error in not allowing the quashing application filed by the appellant," it said
Nadeem Qureshi
(Expert) 01 February 2012
Dear Ajay Sethi
Thank you very much for this knoweldgeable judgement
Raj Kumar Makkad
(Expert) 01 February 2012
Law is self explanatory and needs no comment from us. We are her for just appreciator of law and can comment nothing in favour or against it.
Shonee Kapoor
(Expert) 01 February 2012
The debate is raging,
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 02 February 2012
Law need revision.
Parliament talking EQUALITY FOR ALL , EQUAL OPPORTUNITIES, EQUAL PROPERTY RIGHTS, spares Educated, Earning, Wealthy Wife.
SHE CANNOT BE PUNISHED FOR EXTRA MARITAL RELATIONSHIP!! NO OFFENCE COMMITTED BY HER!!
THAT IS THE INDIAN LAW.
Devajyoti Barman
(Expert) 02 February 2012
Supreme Court is still silent on this aspect.
vijayakumar
(Querist) 02 February 2012
Mr. Ajay Sethi sir, You reply / quote te is Excellent. But as Mr. Raj kumar - put is we are here to read/ interprete/ obey the LAW, we cannot make the law.( it is the situation of a NEWS READER)But forums like this can make a n awarness to the law makers.Another point for- all the women liberation groups- the perverted / vulger / advt etc are posed by them . Why dont they start acampaign on this instead of attacking the males?
Raj Kumar Makkad
(Expert) 02 February 2012
vijay! I appreciate your concern for social cause but this social awakening can be made by only social groups like woman groups, caste groups, RTI activists, Anna movement and so on. How can you expect from us to leave our practice and come in the fray for all problems of the Nation. We are also serving the nation but by the way of giving free of cost advice by incurring a lot of energy, time and mind.
vijayakumar
(Querist) 03 February 2012
Mr Raj Kumar SIR., i DO not mean this. Already you & your forum is doing yomen services by giving the advice & helping people like me. I just shared my feeling about the situation , that is all. yOUR VERY MUCH WRIGHT. You are sparing your valuble time. In fact all lawyers are not like ( in your forum ) they do not even tell opinion ) they are also correct as this is their profession. So , Please accept my wishes& immense thanks for your services.
M/s. Y-not legal services
(Expert) 02 February 2012
