Legal Implications of Adultery: A Comprehensive Analysis across Jurisdiction

  • Priyanshi Kaushik and Dr. Jyotsana Singh
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  • Priyanshi Kaushik

    Student at Amity University Lucknow, India

  • Dr. Jyotsana Singh

    Assistant Professor at Amity University Lucknow, India

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Abstract

Adultery demonstrates the tension between a person's quest for happiness and social pressure. According to section 497 of the Indian Penal Code, 1860, adultery is no longer a crime in India. Legal research of how various legal systems regulate married people's adulterous behavior shows that the social norms around sexual morality at the time the law was created had a significant impact on the definition of adultery. One's initial reaction upon witnessing the reality is one of shock at the state's blatant intrusion into what appear to be private sexual areas of life. The paper's main focus is on the psychological implications of adultery, societal perspectives, legal repercussions, cultural differences, or depictions of adultery in India. A lady is exempt from the law of adultery. Section 497 of the Indian Penal Code, 1860 was drafted prior to the 150-year colonial period in India. Since then, it has been embroiled in contentious debates for a number of reasons, including its gender bias, reflection of cultural conflicts, and questioning of the cause of equality. There have also been compelling arguments made for its retention, modification, or removal from penal statutes. The study also explores important court rulings that have influenced the conversation about infidelity in India.. This research attempts to offer a nuanced view of how adultery is legally defined, prosecuted, and understood in the Indian legal system by looking at the cultural and social factors impacting legal perspectives. The results of this study add to the larger discussion about how morality, the law, and individual liberties interact with regard to Indian marriages. This study has made an effort to explain these disputes from a legal perspective in modern-day India. After attempting to study adultery from a legal conceptual standpoint, this research article looked at its influence, effect, and relationship to other factors like marital bonds, property claims, over the progeny, remarriage, and divorce. In summary, by providing insights into the changing nature of these laws and their effects on both individuals and society, this research work advances our understanding of the legal intricacies surrounding adultery in India. The results offer a starting point for well-informed conversations about possible changes and factors to be taken into account for a legal system that is in line with modern values and social standards.

Keywords

  • Adultery
  • criminalized
  • controversies
  • articulate
  • inception
  • whirling
  • progeny

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 4, Page 1463 - 1470

DOI: https://doij.org/10.10000/IJLMH.1110467

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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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