The Hindu : Other States News : Can't lead adulterous life within limits of marriage: High Court

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Can't lead adulterous life within limits of marriage: High Court

Mumbai: Observing that one cannot lead an adulterous life within the institution of marriage, the Bombay High Court has come down heavily on a local resident who had filed a petition challenging the Constitutional validity of the penal provisions for adultery under the Indian law.

“Need to amend provision on adultery”

“If such acts are allowed, there will be no civil society. In fact, there is need to amend the provision on adultery in the Indian Penal Code to bring women also under its purview,” remarked Justice B. H. Marlapalle and Justice U. D. Salvi.

“Accepting any challenge to this penal provision is something that would go against the institution of marriage. If two adult persons want to have consensual sex, they are free to do so but they should remain outside the institution of marriage,” the judges said.

Section 497 of IPC provides for imprisonment up to five years or fine or both for a person who keeps physical relationship with a married woman other than his wife.

The section, however, provides immunity from prosecution to the woman in such a relationship.

Petitioner Deepak Mirwani, who faces a trial in a Mumbai court for having an adulterous relationship with a married woman, had challenged the Constitutional validity of Section 497 IPC on grounds that it was not relevant in the society today.

He argued that there was a change in morality pattern nowadays with live-in relationships being recognised under the Protection of Women from Domestic Violence Act. — PTI

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