ADULTERY: NO MORE AN OFFENCE BUT REMAINS A GROUND OF DIVORCE
The Supreme Court in its unanimous judgment of Full Bench titled as Joseph Shine Vs. Union of India WP (Criminal) No. 194 of 2017 has held that Section 497 IPC is unconstitutional as it violates the fundamental right of citizens whereby adultery should not be treated as an offence, Further Supreme Court has declared that Section 198 CrPC which deals with the procedure for filing a complaint in relation to the offence of adultery also stands as unconstitutional on the basis that when the substantive provision goes, the procedural provision also needs to be repealed from the statute book. By this Judgment Supreme Court has overruled its earlier Judgment in the case of Yusuf Abdul Aziz Versus State of Bombay AIR 1954 SC 321, Sowmithri Vishnu Versus Union of India and Others AIR 1985 SC 1618, V. Revathi v. Union of Indiaand others,(1988) 2 SCC 72 and any other relevant judgment on the said aspect . In the case of Yusuf Abdul Aziz Versus State of Bombay AIR 1954 SC 321 , the qu...