Adultery is a French word that came from the Latin verb “adulterium,” which means “to corrupt”. Adultery is described as a consensual extramarital sexual connection that is considered impolite on social, religious, and moral grounds, as well as earlier on legal ones.
Even if adultery is no longer a criminal offence, it is still considered a delinquent behaviour since it breaches societal norms that an individual is expected to follow.
Religion views adultery as a sin.
India is famed for its variety while remaining together. Our country is a secular one, in which all religious views are honoured equally. Every religion has its own set of beliefs and goals. In the case of adultery, however, almost every religion is harshly critical. Adultery is seen differently by many religions, but the underlying view stays the same. Adultery is considered a sin in every faith. Religions, on the other hand, may have different punishments. It is considered a delinquent behaviour since it offends the sacred sentiments of all religions.
Adultery in the eyes of the law
Adultery is defined in India under Section 497 of the Indian Penal Code (IPC) 1860 as:
“Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe is the wife of another man without that man’s consent or connivance, such sexual intercourse not amounting to the offence of rape, is guilty of adultery and shall be punished with imprisonment of either description for a term that may extend to five years, or with fine or with b The wife shall not be held liable as an abettor in such a case.”
Will infidelity have an impact on alimony?
An unfaithful wife is not entitled to maintenance from her husband under section 125 of the CrPC. Initially, whether the husband is maintaining a concubine in the same house or living apart with a concubine, the wife has the right to live separately and sue her husband for support.
Conclusion: The necessity to alter India’s adultery statute has not arisen in the last few years; rather, jurists and attorneys have been clamouring for change for decades. The courts have ruled that a part cannot be struck down just because it is desirable to remove it. However, the study suggests that the section be amended rather than deleted. As a result, the Legislature should make a modification to the law of adultery as soon as possible to eliminate the legislation’s gender prejudice.