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Research Paper Volume 4 Issue 3 1342 - 1346 May 18, 2021

Adultery Laws in India

Lead author · Corresponding
Roudro Mukhopadhyay
Student at Jindal Global Law School, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.11541
Abstract

“Adultery is not necessarily the cause of an unhappy marriage, but often it is the result of an unhappy marriage” . Adultery can be described as the act of a married person having a sexual relationship with a person besides the person's wife or husband of the opposite sex. Personal laws all over the world decry adultery and this is considered as a ground for divorce or separation. Even the Hindu Shastric laws, which did not allow for divorce, unambiguously rejected adultery. Adultery is established as being one of the reasons for divorce or judicial separation under present Indian personal laws . The laws dealing with adultery were enforced by the Indian Penal Code in 1860 and its abolition was a big step towards gender neutrality. However, there still remains some laws which state otherwise but the judgement shows we’re moving towards the right direction. An Indian lady, according to Lord Macaulay, is a holy cow who could never do any wrong. The man is the one who does all the wrongdoings. Besides, he believed that women could not be prosecuted for committing adultery as either this will not only be a challenge to women's holy sanctity, but it would also lead to a collapse of the institution of marriage, leading to general family disorganization .

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 1342 - 1346
DOI: https://doij.org/10.10000/IJLMH.11541
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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