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The Supreme Court here struck down the 158-year-old Victorian morality rule on adultery on September 27, 2018. The evolution of the definition of adultery during these periods is well explored in the decision. This power over the sexual rights of the partner, as discussed in the relic of Victorian morality, treats the wife as the husband’s property. The husband’s influence over the woman’s loyalty is seen as retaining the husband’s property interest in his wife. The petition was submitted by Joseph Shine, a non-resident of Kerala who questioned the constitutionality of Section 497 of the IPC 1860. The ruling overturned all previous rulings that upheld the criminalization of adultery. The debate emerged as to whether adultery should be treated as a felony. Adultery, according to the court, does not fall under the definition of a felony. If it is viewed as a felony, there would be significant interference into the matrimonial sphere’s intense secrecy. It is preferable if it’s not used as a basis for divorce.
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