LI Network
Published on: January 7, 2024 at 13:32 IST
The Delhi High Court has emphasized that the absence of a law criminalizing adultery can’t offer complete immunity to spouses engaged in extramarital relationships, leaving the affected individuals without legal recourse.
Justice Swarana Kanta Sharma, in a recent judgment, underlined that bigamy infringes upon the rights of the victim spouse and highlighted the importance of legal protections for those committed to marriage.
The Court acknowledged the societal shift towards recognizing live-in relationships but cautioned against neglecting the legal rights of lawfully married spouses.
Justice Sharma stressed the significance of ensuring legal safeguards for individuals dedicated to the sanctity of marriage while also respecting the evolving dynamics of contemporary society.
The case in question involved a husband allegedly maintaining a marital relationship with another woman during his existing marriage, even having a child with her.
The Court highlighted the necessity of balancing legal protection for those honoring marriage vows while respecting the legitimacy of live-in relationships.
Justice Sharma emphasized that while traditional values like monogamy are pivotal under Hindu law, legal frameworks need to adapt to evolving societal norms.
The judgment clarified that the law should not remain impotent against clandestine marriages and unions that violate the sanctity of existing marriages, even when adultery is no longer legally punishable.
The Court cautioned against exploiting the inability to prove a second marriage through traditional rituals like ‘saptapadi’ as a tactic to evade legal consequences.
It upheld the summons issued to the husband for the alleged offense of bigamy, emphasizing that legal proceedings should prioritize fairness and justice over strategic maneuvers.