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Adultery – A Critical Analysis




Raj Aryan, Law College Dehradun Faculty Uttaranchal University

ABSTRACT

Adultery (derived from Latin word adulterium) is extramarital sex that is Extramarital sex that is deemed unacceptable for social, religious, moral, or legal reasons. Sexual interactions between a married individual and a person who is not their spouse are referred to as adultery. It could happen in a variety of situations. Adultery was a felony under the International criminal law in many nations in the past and it is still a crime in some nations even at present also. While in some nations nowadays adultery is not by itself considered as grounds for divorce, in Family law adultery may be a basis for divorce. S.497 of Indian Penal Code 1860 had been drafted almost before a 150-year colonial period, since its commencement it has been revolving into dubious controversies on several accounts, such as its masculinity bias approach, reflecting cultural conflicts, questioning equal opportunity clause and strong arguments have been raised either for its preservation, modification, or complete removal from penal statutes. The legal definition of adultery is defined as "physical contact with a foreign and unlawful organ." Even though non-compliant extramarital sexual behaviour may qualify as "unreasonable behaviour," a divorce ground, it is not "adultery" in the sense that this definition implies.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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