16 June 2026 Legal Updates

Adultery in India has not disappeared as a legal problem after Section 497 IPC was struck down—it has merely shifted from criminal courts to family courts and from police investigation to digital surveillance.

Earlier: Adultery = Crime Under Section 497 IPC Now after Joseph Shine (2018): Adultery is not a Crime. But still Adultery is a Civil wrong for divorce, cruelty, alimony, maintenance.

Meaning: The State no longer sends you to jail for infidelity. But family courts still deeply examine it.

Why “Ghost of Section 497”?

Because although Section 497 is dead:

• its mindset survives.

Earlier law said:

• Wife had no independent agency.
• Husband’s consent mattered.
• Marriage was treated like property.

Today:

• Even though law says autonomy matters, society still judges infidelity—especially female infidelity—through the same old lens. That “ghost” remains.

The Madras High Court Trigger

• The article begins with a recent Madras High Court divorce case. Family Court said that Show direct proof of adultery.
• High Court said it is Impossible. Why? Because adultery happens in secrecy. So courts must rely on: photos, proximity, unanswered notices, conduct, circumstances This is crucial.

Important Legal Principle

• Adultery can be proved by: Circumstantial evidence and Not direct evidence, this is standard matrimonial law. Because nobody commits adultery in public.

Journey of Adultery in Indian Law

Stage 1: Moral wrong

• Ancient social stigma.

Stage 2: Criminal wrong

• Section 497 IPC and was punishable.

Stage 3: Constitutional death

• Joseph Shine v Union of India (2018)
• Supreme Court struck it down. Why? As it violates: Article 14, Article 15, Article 21.

What Joseph Shine Actually Said

• Joseph Shine did NOT legalize adultery morally. It only said that State cannot criminally punish it.
• Because Marriage does not destroy autonomy and Law cannot police bedrooms.

The Big Paradox

• Constitution says: Liberty + Privacy But family law says Blame + Fault and this creates tension.
• Forensic Bedroom: Means Modern divorce litigation has become digital spying.
• People collect: Call Detail Records, GPS data, Hotel logs, CCTV, WhatsApp chats, Photos, Hidden recordings Earlier police investigated adultery and Now spouses do. That’s the irony.

OTT and Cinema Connection

1. The article smartly compares law with cinema.

• It says: Indian OTT platforms still carry the same moral double standards.

2. Male infidelity:

• Often shown as: funny, emotional, complicated, forgivable

3. Female infidelity:

• Usually needs: abusive husband, neglect, trauma, extreme justification otherwise she is punished by the script.

Cultural Point

• This shows: Section 497 may be legally dead, but socially alive especially regarding women.