In Joseph Shine v Union of India (2018), the Supreme Court struck down
ASection 497 IPC (adultery) as unconstitutional — violating Articles 14, 15 and 21; the provision had criminalised only male adulterers and treated wives as the property of husbands
BSection 498A IPC
CThe Hindu Marriage Act
DThe Indian Divorce Act 1869
Answer & Solution
Correct answer: A. Section 497 IPC (adultery) as unconstitutional — violating Articles 14, 15 and 21; the provision had criminalised only male adulterers and treated wives as the property of husbands
Joseph Shine (5-judge bench) decriminalised adultery. The provision had been gender-discriminatory (only the husband could prosecute the male outside party; the wife was not punishable). Adultery may still be a ground for divorce in matrimonial proceedings.
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