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UP Woman Catches Husband Having Dosa with Girlfriend, But Police Refuses to File Case

Representative image.

Representative image.

The apex court declared the law unconstitutional saying it “treats a husband as the sole master.”

In a dramatic turn of events, a woman approached the police to file a complaint against her husband who she caught having dosa with his girlfriend in his car. But to her shock, she couldn't file the case considering adultery is no longer a crime in India. The incident took place on Tuesday evening in the Banda district of Uttar Pradesh.

The husband, who works as a junior engineer (JE) with the state government, had allegedly taken his girlfriend outside a temple to have a snack together.

He bought her dosa from a nearby eatery. Just as he was serving the dish to his partner, his wife, who was accompanied by her brother, reached the spot and him red-handed. The wife, with the help of her brother, brought the couple to the nearby police station at Civil Lines, where she alleged that her husband was having an extra-marital affair. She wanted the police officials to lodge a case in the matter.

Quoting sources, India Today said that the wife also made allegations that this was not the first occasion where his husband was caught philandering and that he had been involved in extramarital affairs with several other women with whom he often roams around. The husband was found unable to give a satisfactory answer to the allegations, according to the report.

The officials, however, declined to register any complaint against the husband in the matter. Instead, they just gave him a warning and let him go.

What does the law say about extra-marital affairs in India?

Section 497 of the Indian Penal Code, which dealt with adultery, was scrapped in 2018 by a five-judge bench of the Supreme Court of India led by then Chief Justice Dipak Misra, making it no longer a criminal offence.

The defunct Section 497 stated: "Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor."

The apex court declared the law unconstitutional saying it “treats a husband as the sole master.” Though adultery has been decriminalized, it is still a sufficient ground for divorce.

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