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Pardeep Sharma   23 May 2022

497 adultery

R/sir/madam
a case of 497 has been filed against me. Also husband of the woman has filed divorce case and thag woman has filed a case of 498 and 406 against the husband.
Now as the apex court has turned down the sec 497, how can i get this case dismissed against me.


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 6 Replies

Parasar   23 May 2022

use the judgment and file for quashing

N.K.Assumi (Advocate)     24 May 2022

No person can be convicted or prosecuted without a law in force. 

Advocate Bhartesh goyal (advocate)     24 May 2022

File quash petition u/sec 482 of Cr.P.C before H.C on basis of Apex court judgment.

P. Venu (Advocate)     24 May 2022

You have the option to seek discharge from the Trial Court.

Mahi Manchanda   24 May 2022

Adultery used to be a criminalised offence under section 497 of the indian penal code. This was because of the social relationship between men and women and status of women in a society and a marriage. 

Men entering in adulterous relationships would be accepted in society which would leave women out in the cold as in earlier societies, women's status in society was related to their marriage. The marriage was made to be their only duty.t was due to this reason that the act of adultery was criminalised in order to protect the interests of the women.

In 1955, with the prevalence of the Hindu Marriage Act, adultery was mentioned as grounds for obtaining divorce. With time, as women are getting more independant and have better status in society irrespective of marriage and adultery was decriminalised.

Dr J C Vashista (Advocate)     25 May 2022

Section 497 IPC has been declared unconstitutional by Supreme Court. The case filed shall not be proceeded and dismissed.


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