An extramarital affair is a consensual sexual or romantic affair in-between a married couple and a person who is not their spouse. In Indian society most of the people think that such types of relationships are illegal or immoral. The main question comes which is whether they are against the law in India or not. The law in India regarding extramarital affairs has been changed over the period of time specially because of important Supreme Court decisions.
Legal Position: Before, adultery was a crime.
For a long time, Section 497 of the Indian Penal Code (IPC) made adultery a crime in India. This law says that a guy who has sex with a married lady without her husband’s permission could go to jail. It’s interesting that the woman in question wasn’t seen as a criminal, which shows how out of date the idea was that she was her husband’s property. Many people thought this law was unfair and went against the ideas of equality and personal freedom.
The Supreme Court’s decision: adultery is no longer a crime
The Supreme Court of India ruled in the important case Joseph Shine v. Union of India that Section 497 of the IPC was not valid. The Court said that adultery is no longer a crime and that the government should not get involved in private relationships between adults who agree to them. The decision made it clear that moral principles should not be enforced by the law and that seeing women as passive victims was against the law. That’s why inn India cheating on your partner is no longer a crime.
What the law says about it:
Although while cheating on your partner is no longer treated as a crime, it doesn’t mean that it’s completely legal. Cheating still has ethical effects on marriage. The Hindu Marriage Act of 1955 and other personal laws say that having an extramarital affair is a good reason to get a divorce. It can also affect decisions about maintenance, alimony and child custody depending on the details of the case.
Effects on Military and Service Rules:
It’s crucial to remember that adultery is not a crime for civilians, but it can nevertheless get you in trouble at work in several fields. Suppose if an extramarital affair impact discipline or behavior, members of the armed forces might have face penalties under service standards. Such types of actions are not criminal prosecution but they are administrative.
From a social and moral point of view:
Even though they are legal in India but still extramarital affairs are still frowned upon in Indian society. They may cause emotional pain, separating families and makes people feel bad about themselves. The law’s job is to protect people’s rights and settle-down the arguments not to impose morality.
Conclusion:
In India extramarital affairs are not illegal since the Supreme Court made adultery permissible in 2018. But they are not without any valid reasons. Even if there are no criminal penalties but such types of relationships can have big personal and social effects, specially when it comes to marriage-related disputes. When discussing about extramarital affairs in India it’s essential to know the difference between what is legal and what is moral.