Extramarital sex is not a criminal offence in India anymore. However, the offence still remains a valid ground for divorce. A five-judge bench of the court ruled that section 497 of the Indian Penal Code violates womens right to equality and treats them like the property of their husbands.

Is External affairs legal in India?

Indias top court has ruled adultery is no longer a crime, striking down a 158-year-old colonial-era law which it said treated women as male property. Previously any man who had sex with a married woman, without the permission of her husband, had committed a crime.

Is adultery a crime in India 2021?

In a path-breaking verdict, a five-judge Constitution bench headed by the then CJI Dipak Misra unanimously struck down Section 497 (adultery) of the Indian Penal Code and declared that adultery is not a crime and the penal provision was unconstitutional as it dented the individuality of women and treated them as

Can a wife stay in husbands house after filing of divorce petition by husband in India?

Legally a wife can stay with her husband or at his place of residence even if a petition for divorce has been filed by her against him or by him against her. However both the parties should not cohabit with each other and stay in different room.