SOWMITHRI VISHNU Vs. UNION OF INDIA

JUDGEMENT

(1.) - By this petition under Art. 32 of the Constitution, the petitioner challenges the validity of S. 497 of the Penal Code which defines the offence of 'adultery' and prescribes punishment for it. A few facts, interesting but unfortunate, leading to this petition are these :

(2.) While his petition for divorce was pending against the petitioner, the husband filed a complaint against Dharma Ebenezer under S. 497 of the Penal Code charging him with having committed adultery with the petitioner. This writ petition has been filed by the petitioner for quashing that complaint on the. ground that the very provision which creates the offence of 'adultery', namely, S. 497 of Penal Code, is unconstitutional.

(3.) Section 497 is one of the six sections in Chapter XX of the Penal Code, which is entitled 'Of Offences Relating to Marriage' Section. 497 reads thus: