2 min readMumbaiJun 24, 2011 04:34 PM IST
First published on: Jun 24, 2011 at 04:34 PM IST
Observing that one cannot lead adulterous life within the institution of marriage,the Bombay High Court came down heavily on a city resident who filed a petition challenging the Constitutional validity of penal provisions of Adultery under the Indian law.
“If such acts are allowed there will be no civil society. In fact there is a need to amend the provision on Adultery in IPC to bring women also under its purview,” remarked Justice B H Marlapalle and Justice U D Salvi yesterday.
“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 IPC provides for imprisonment up to five years or fine or both to 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.
The petitioner,Deepak Mirwani,who faces a trial in a Mumbai court for an adulterous relationship with a married woman,had challenged the Constitutional validity of section 497 IPC on the ground that it was not relevant in society today.
He argued there has come about a change in morality patterns in modern times with live-in relationships being recognised under the Protection of Women from Domestic Violence Act.
Mirwani contended the right to have a physical relationship with a consenting person emanated from the Right to Life as guaranteed under the Constitution.
However,judges opined that one could not have an adulterous relationship within the limits of institution of marriage. No society would accept that,they said.
The petitioner had argued that he would be affected if the trial went on and he later succeeded in the petition. However,the High Court refused to stay the trial.
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