IPC 497 – Adultery
Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent of connivance of 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 of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.
1) Sexual intercourse by a man with a woman who is and whom he knows or has reason to believe to be the wife of another man.
2) Such sexual intercourse must be without the consent or connivance of the husband.
3) Such sexual intercourse must not amount to rape.
Connivance is the wiling consent to a conjugal offence, or a culpable acquiescence in a course of conduct reasonably likely to lead to the offence being committed. Connivance is a figurative expression meaning a voluntary blindness to some present act or conduct, to something going on before the eyes, or something which is known to be going on without any protest or desire to disturb or interfere with it.
Sexual intercourse must be without the consent or connivance of the husband. Which husband will give consent to another man to have sexual intercourse with his wife? Why is the consent of the wife not taken into consideration? The wife is not a personal property that the husbands consent is a deciding factor whether another man is an offender to have sexual intercourse with his wife. The actual adultery takes place only when the man receives the consent of the woman who is a wife of another man. And if the consent of the married woman is not sought by the man, the sexual intercourse amounts to rape. This law does not try to find out the reason for the woman giving the consent of sexual intercourse to another man. She is equally guilty of adultery.
Why wife not punished as abettor:
Though we well know that the dearest interests of the human race are closely connected with the chastity of women and the sacredness of the nuptial contract we cannot but feel that there are some peculiarities in the state of society in this country which may well lead a humane man to pause before he determines to punish the infidelity of wives.
It is implicitly mentioned here that adultery, as explained in the section, is an infidelity of the wife. Consent of a wife to have sexual intercourse with another man does amount to infidelity. The law is presuming that in this society, where a womans chastity and sacredness is staunchly respected, a man would not feel appropriate to punish the infidelity of his wife. The law must not presume what the husband would feel appropriate or inappropriate. It should be left to the liberty of the man who is a victim of betrayal from his wife. The husband has the right to know the reason why his wife has given the consent for sexual intercourse to another man. Giving consent of sexual intercourse to another man should be considered as breach of trust between the two in the sacred marriage relationship. In an attempt to be lenient to women, the husbands rights are violated. The Court cannot coerce their own personal perception onto the husband who is the victim.
Exctracts from http://indianlaws.blogspot.com
As per recent Rajastan High court Verdict “Married woman can live with her lover”
New Extracts :-
Can a married woman lawfully live with her lover against the will of her husband ? The Rajasthan High Court says yes.
In a judgment on Wednesday, the court allowed a married woman, Manju, to live with her lover, Suresh. “It is improper to pass an order to hand over any unwilling married woman to her husband with whom she does not want to stay,” said justices GS Mishra and KC Sharma. The court also said that nobody should consider an adult woman as a consumer product.
While dismissing a habeas corpus petition filed by Manjus husband, the court came down hard on the misuse of habeas corpus petitions by people who want to thrust their will upon adult women without their consent. The court said the husband was free to approach the family court for divorce.
Commenting on the judgment, senior Supreme Court advocate and noted womens rights activist Indira Jaising said, “Though it sounds strange, I am in complete agreement with the high court.”
“At the end of the day an adult woman has a right to decide whom she wants to live with. She cant be forced to go with her husband against her will,” Jaising said.
In this case, Jaising said, it is clear that the woman was prepared for divorce. She also felt that Manjus husband had abused the habeas corpus petition because such petitions were generally filed when somebody is actually missing.
Asked whether it amounted to adultery, Jaising clarified that the woman could not be prosecuted for this offence under the law. As for the other man, she said, “it seems he is ready to face that”. National Commission for Women Chairperson Girija Vyas said that although it seemed like an important judgment, she could not comment on it since she had not seen it yet.
Manoj Chaudhry, the counsel for Manju and Suresh, had earlier rejected as baseless the allegations that Manju had been kept in illegal confinement by Suresh.
He said that the duo had been living together by their free will and that the relationship had begun even before Manju had got married.
:- END of news Extract.
is our law system is confused;
Or Indian Judiciary support prostitution in married life ?
if Married woman can live with her lover then she why she is not adultrer.
If married women can sleep with her lover then why cann`t she be a abettor.
Or these women organisations try to prove that one man is not enough for a women or they want glorified Prostitution.
Do they think, if married women had Affair that will not be mental harassment to her husband, or if he cann`t file divorce on these grounds, still he will endup paying her Huge amount of alimony.
In India Married women can have sex with her lover,without her husband consent, still Judiciary treat her as a Victim.
Man will not get Divorce on the grounds of wifes Adultry.
Indian married women can demand money from her Husband legally when she sleeps with her lover.