abot sec.494 and sec495

Hello,

Adultery is not a crime now but it is ground for getting a divorce. Your friend can file a divorce application on these ground. 

Hello,

Section 497 of Indian Penal Code provides the law relating to adultery. Adultery is an incursion on the right of the husband over his wife. It is a misdemeanor against the sanctity of the wedlock and, an act, which is done by a man. It is a standoffish and illicit act. The Apex Court previously considered that it cannot be said that in construing the offence of adultery, any constitutional provision is encroached by curbing the class of wrongdoer to men only.

The previous stand of higher judiciary was that Section 497 of IPC is not paradoxical of Article 21 of the Indian Constitution. But, recently, the Supreme Court has acknowledged 150 years old law on adultery as unlawful, which treats husband as the master of his wife. It antagonizes the dignity of a woman. The Court held that husband is not the master of wife. Section 497 of IPC is categorically and conspicuously arbitrary and absurd because it provides unlimited rights to husband to deal with the wife as he likes which is very much disproportionate.

Hence you can seek divorce on grounds of adultery but your husband can’t be held guilty for committing a crime as adultery has been decriminalized,

Thank you