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Living in Adultery under Section 125 of Criminal Procedure Code

By Dr. Baldev Singh

Published In

Cri LJ 1995

In our country adultery has been described as an offence. Under Hindu Marriage Act, it is one of the grounds for divorce. According to the provisions of Indian Penal Code it is a criminal offence. And at the same, it is one of the grounds, under the Criminal Produre Code, which disentitle the wife to maintenance. In this way adultery is an offence under both the matrimonial Law and Criminal Law. Hence to understand the proper meaning of the term 'Living in Adultery', it is desirable to know first the meaning of the expression adultery.' According to matrimonial law adultery may be defined as consensual sexual intercourse between a married person and a person of the opposite sex, not the other spouse, during the subsistence of the marriage. But it is not necessary that the other person (male) should be a married person. (Reydon on Divorce, 10th ed. p. 172). Under Criminal Law the relevant provision which deals with the offence of adultery is Section 497 of India Penal ....

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