Whoever has sexual intercourse with a person who is an whom he knows or has a reason to believe to be the wife of another man without the consent or convenience 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 or either description for a term which may extend to 5 years or with fine or with both. In such case the wife shall not be punishable as an abettor.

Section 497 of IPC was a section of dealing with adultery only a man who has consensual sexual intercourse with the wife of another man without his consent could have been punished under this offense in India . The supreme court called the law unconstitutional because it treats the husband as the master.

Joseph Shine v/s Union of India
Status disposed, petitioners- Joseph shine partners for law in development, respondent- Union of India.

October 2017, Joseph shine a non- resident Keralite, filed public interest litigation under article 32, of the constitution.

The petition challenged the constitutionality of the offense of adultery under section 497.

On 27/07/2018, a 5 judge bench of supreme court unanimously struck down section 497 of IPC as being violative of article 14, 15 and 21 of the constitution.

Mutual Consent Divorce

• To File Mutual Consent Divorce in Delhi and NCR
  Contact Adv.Tapan Choudhury at Ph no: 9650499965 (Available in Whatsapp)
  
  
• To File Mutual Consent Divorce in Pune
  Contact NirDita Law Firm at Ph no: 8851978611 (Available in Whatsapp)