The Rajasthan High Court has dismissed a bigamy case filed by a husband against the lover of his wife.
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Case:
The FIR was registered by a man alleging that his wife was abducted by three persons. His wife appeared and informed the Court that she was in a voluntary live-in relationship with one of the accused.
The husband’s counsel argued that since wife had admitted to extra-marital relationship, offences under section 494 (marrying again during life-time of husband or wife) & 497 (adultery) of IPC were made out.
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Rajasthan High Court
Justice Birendra Kumar of the Rajasthan High Court ruled that consensual sex outside of marriage is not a statutory offence. The Court noted:
While it is true that the mainstream view in our society is that sexual contact should take place only between marital partners, no statutory offence takes place when adults willingly engage in sexual relations outside the marital setting.
The court further observed,
A live-in relationship between two consenting adults of heterogenic sex does not amount to any offence (with the obvious exception of `adultery’), even though it may be perceived as immoral.
Dismissing the matter, the High Court said:
Unless marriage is pleaded and proved, only marriage like relationship such as live-in-relationship would not come within the mischief of Section 494 IPC.
READ ORDER: Husband Cannot Seek Mobile Tower Records Of Wife’s Paramour As It Violates His Privacy: Karnataka High Court
Voice For Men India Take:
- IPC 497 has been struck down by Supreme Court of India in 2018. This means Adultery is only a civil offence & either parties can file for divorce (civil, not criminal grounds)
- While one may or may not be judgmental about one’s private life, either spouse must be granted divorce instantly, upon infidelity by the other
- Unfortunately, it is nearly impossible for the men to prove adultery by wives even as a civil offence, because photographs, phone calls, messages, DNA test of kids, etc. are all dismissed by courts citing “invasion of wife’s privacy”
READ JUDGEMENT: Wife’s Infidelity Cannot Be Basis To Seek DNA Test For Determining Child’s Paternity In Matrimonial Dispute: Supreme Court of India
- In the above case, even if the husband files for divorce, in all likelihood, the Courts will order him to pay lifelong maintenance/alimony
- Infact, a woman living with a man without marriage for a sustained period, is entitled to maintenance from him without marriage under the Domestic Violence Act, 2005
- On the other hand, as per a Madras High Court order dated Feb 2022 (read below), a husband can be jailed for extra-marital affair under Section 498-A IPC for causing mental cruelty to his wife
READ RELATED ARTICLE:
Husband Can Be Jailed For Extra-Marital Affair Under Sec 498A | Was Adultery Decriminalised Only For Wife’s Paramour?
READ ORDER | Madhya Pradesh High Court Upholds Maintenance To Divorced Wife Living In Adultery
DO WATCH:
Extra Marital Affair, Live-In Relationship Not An Offence | Rajasthan High Court | Voice For Men
Uttarakhand HC Allows Married Woman To Live-in With Her Male Partner Without Divorce | Voice For Men
LEAVE YOUR COMMENTS BELOW:
Sex Outside Marriage Not An Offence; Live-in Relationship Cannot Be Constituted As Adultery | Rajasthan High Court
— Voice For Men India (@voiceformenind) April 2, 2024
🔹️Case:
▪️The FIR was registered by a man alleging that his wife was abducted by three persons
▪️His wife told the Court that she was in a voluntary live-in… pic.twitter.com/tShojhojVG
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