Families torn apart due to adultery: SC

New Delhi, September 29

Five years after decriminalising adultery, the Supreme Court on Thursday said such sexual misconduct often caused deep pain and destroyed families and that it should not be taken lightly.

“All of you are aware of the pain… deep pain that adultery creates in a family. We have held so many sessions as judges in high courts, habeas corpus jurisdiction; we have seen how families are torn apart because of adultery. We thought of keeping this to ourselves but we are just telling you, don’t treat it in a light-hearted manner if you have experience as to what happens in a family, when adultery takes place,” a five-judge Constitution Bench led by Justice KM Joseph said.

The Bench deferred to December 6, the hearing on issues relating to disciplinary proceedings in adultery cases in armed forces after decriminalisation of adultery under Section 497 of IPC in 2018.

Justice Joseph recalled an incident of a family which broke his heart. “There were two children and the mother had committed adultery. She filed for habeas corpus as she wanted to interact with the children, they were 13 and 11. They refused to talk to their mother… I tried my level best. It really broke my heart. That’s the kind of rancour, hatred, violence that happens,” he narrated.