SECTION 497 I P C DECLARED AS UNCONSTITUTIONAL

Declaring section 497 IPC unconstitutional Honourable Supreme Court said that wife is not a property of her husband and is free to choose.

While referring to the section it is observed that in cases of adultery defined in section 497 IPC husband is the aggrieved person and has a right to prosecute the adulterer that is another man but the wife has no right to prosecute the other women with whom her husband is having relation.

Further, It will be an offence only if the extramarital relations are with a married woman, the section is not covering those cases where extramarital affairs are with unmarried woman or divorced women. Section also provides that if physical relations are made with the consent or connivance of the husband then it will not amount to an offence.  And specifically provides that wife with whom the adultery is being committed cannot be prosecuted even as abettor.

While deliberating on all these issues the Honourable Supreme Court held “that the courts has recognized the contribution made by the wife  to the house is invaluable and cannot be computed in terms of money. The gratuitous services rendered by the wife with true love and affection to the children and her husband and managing the household affairs cannot be equated with the services rendered by others.

A wife/mother does not work by the clock. She is in the constant attendance of the family throughout the day  and night unless she is employed and is required to attend the employer‘s work for particular hours.

She takes care of all the requirements of the husband and children including cooking of food, washing of clothes, etc. She teaches small children and provides invaluable guidance to them for their future life.

A housekeeper or maidservant can do the household work, such as cooking food, washing clothes and utensils, keeping the house clean, etc., but she can never be a substitute for a wife/mother who renders selfless service to her husband and children.” She is not subservient to the men or property of husband and is free to choose. (JOSEPH SHINE VS UNION OF INDIA, WRIT PETITION (CRIMINAL) NO. 194 OF 2017 DATED SEPTEMBER 27, 2018)