Section 497 (adultery) gives a husband the exclusive right to prosecute his wife's lover. A similar right is not conferred on a wife to prosecute the woman with whom her husband has committed adultery. Secondly, the provision does not confer any right on the wife to prosecute her husband for adultery. Further, Section 497 does not take into account cases where the husband has sexual relations with an unmarried woman. Chandrachud bats for sexual autonomy of women within marriageIn his separate opinion, Justice D.Y.

Source: The Hindu September 27, 2018 05:49 UTC