The Britishers made a law 158 years ago. Which can be maintained primarily for husband and wife to be loyal to each other. Nuptial life can be maintained. But I did not understand why all atrocities are on the man? Women can also be unfaithful.
SECTION 497 Adultery —Whoever has sexual intercourse with a person who is and whom he knows or has believed to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to offense of rapes, is guilty of the offense of adultery, and will 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 will not be punished as an abettor.
In simple language, if a man makes a relationship with a man’s wife knowing this. , That the woman is the wife of that man On that case the case can be operated under the clause 497 . In such cases no complaint against the wife can be made.
Simultaneously, Section 198-B of Criminal Procedure Code also runs.
SECTION 198-B Cognizance of crime – Any court of law punishable under Section 376-B of the Indian Penal Code, where there is a marital relationship with persons, the facts of which the crime is formed when the wife has filed a libel against her husband, the first witness Do not ignore except solution.
Recently this section was terminated, the reason behind which was given that this section violates Article 14 (Right to Equality) Article 21 [the right of privacy] of the Constitution. This gives the more rights to husband. And limits the rights of the wife.
A bench of Justice Mishra, Justice A. M. Khanvilkar, Justice R. F. , DY Chandrachud and Justice Indu Malhotra said that Section 497 of the Indian Penal Code is unconstitutional in relation to the Adult. The Supreme Court said, “The woman is not the property of her husband, it is a matter of complete privacy. This could be a base of divorce but not a crime. In many other countries of the world, adultery is not a crime.
According to the new law, if any man’s wife has sex with a man who is her own choice ,So her husband, on the person who has sex with his wife, will not be able to file a case but He can file divorce with his wife.
And if the woman’s husband commits suicide by being disturbed by his wife’s relationship with another man. So his wife becomes the victim of suicidal abatement of her husband.
Now the relationship can be ended in such incidents. But there will not be any kind of imprisonment.
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