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Hindu Marriage Act,1955 (Full Summary and Official Gazette)

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The following is a summary of the Hindu Marriage Act 1955, which aims to allow a reader to understand the key points within the Act without having to read the Act itself. Introduction India, being a cosmopolitan country, allows each citizen to be governed under personal laws relevant to religious views. This extends to personal laws inter alia in the matter of marriage and divorce. As part of the Hindu Code Bill, the Hindu Marriage Act was enacted by Parliament in 1955 to amend and to codify marriage law between Hindus. As well as regulating the institution of marriage (including validity of marriage and conditions for invalidity), it also regulates other aspects of personal life among Hindusand the applicabilityof such lives in wider Indian society. The Hindu Marriage Act provides guidance for Hindus to be in a systematic marriage bond. It gives meaning to marriage, cohabiting rights for both the bride and groom, and a safety for their family and childr...
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Section 497 (Adultery) of Indian Penal Code

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Section 497

The Indian Penal Code

1.)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 or 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.

Present Condition Of Activation of Adultery Law : Fully Terminated by Supreme Court Of India

 

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Mere adultery can't be a crime unless it attracts the scope of Section 306 (abetment to suicide) of the IPC, the Supreme Court said on Thursday.

"Adultery can be ground for civil issues including dissolution of marriage but it cannot be a criminal offence," the apex court said.

On the petition challenging the validity of Section 497(Adultery) of the Indian Penal Code (IPC), CJI Dipak Misra said, "The magnificent beauty of the democracy is I, you and we. Equality is the governing principle of a system. Husband is not the master of the wife. Women must be treated with equality. Any discrimination shall invite the wrath of Constitution. Section 497 IPC which deals with Adultery is absolutely manifestly arbitrary."

Section 497 of the 158-year-old IPC says: "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 or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery."

On January 5, the apex court had referred to a five-judge constitution bench the plea challenging the validity of the penal law on adultery.

The court had taken a prima facie view that though the criminal law proceeded on "gender neutrality", the concept was absent in Section 497.

 

  • WHY ARMED FORCES OPPOSING TERMINATION OF ADULTERY LAW

 

The military is not happy with a 2018 Supreme Court verdict of scrapping out adultery as a criminal offence. They are likely to approach the apex court to exclude the defence forces from the ambit of the judgment.

The Indian Army has raised the issue with the Ministry of Defence (MoD).

 With the removal of section 497 of IPC that criminalised adultery, the military is worried about the discipline among its ranks. In the military, the offence of ‘stealing the affections of brother officer’s wife – a euphemism for adultery – is a serious offence that is a notch below cowardice’  which is punishable.

The punishment for this derives its power from section 497 and is not a standalone offence. Similar provisions existed in all three forces and prosecutions usually lead to the accused officer’s dismissal from the force.

In September 2018, the SC had scrapped adultery as a criminal offence ruling that the 19th century law that treats a husband as the master was unconstitutional.

The then Chief Justice of India Dipak Misra had said that the adultery law is arbitrary and it offends the dignity of a woman. He had led the five-judge bench. Section 497 made it an offence if a man had sex with the wife of another married man without his “connivance” or “consent”.

In August 2019, the SC has quashed General Court Marshal (GCM) proceedings that found a colonel guilty of adultery. The serving decorated colonel serving in Jammu and Kashmir was reinstated by the top court.

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