New Delhi2 minutes ago
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The High Court said that the earlier law was based on patriarchal thinking.
The Delhi High Court acquitted the accused person in the case of adultery filed by the husband of a woman. The court said- The thinking of considering the wife as the property of the husband is now unconstitutional. This mentality has been going on since the Mahabharata period.
Justice Nina Bansal Krishna, in his judgment, cited the Supreme Court’s historic decision in which Section 497 of the IPC was declared unconstitutional. This law was based on patriarchal thinking, in which the wife was considered a woman, not a criminal, who was seduced.
The High Court said- Draupadi was put at stake in gambling by her husband Yudhishthira in Mahabharata. Draupadi had no voice, there was no value of her dignity. This thinking remains in the society even today, but the Supreme Court has declared it unconstitutional.
The High Court said that
When moral commitment in a matrimonial relationship ends, it is a matter of complete privacy. Considering adultry as a crime would now be like going backwards. The provision of Section 497 was not saving the purity of marriage, but the husband’s ownership.
Wife was accused of affair
In this case, the woman’s husband alleged that his wife was in an affair with the accused and the two stayed together in a hotel, where they had ties without husband’s permission. The accused was acquitted by the magistrate court, but the sessions court summoned him again.
Wife living apart from husband does not have an illegal affair with another man
In another case, the Delhi High Court has said that such a living is not the right to live, who has an illicit relationship with another man. In this case, the husband had filed a petition while giving the order of the family kert to pay alimony to the wife. The High Court ruled in favor of the husband after hearing both sides.
The High Court Justi Girish Kathpadia said in the judgment that the wife seeking alimony is separate from the husband and the other has an illicit relationship with her alien man. A woman having an illicit relationship cannot get alimony. If she would have been separated from her husband due to domestic violence or any other dispute, she would not have had illegal relations, she would have been entitled to the living allowance.
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