After the Supreme Court's decision in Joseph Shine v. Union of India (2018), what is the legal…

In Joseph Shine v. Union of India (2018), the Supreme Court struck down the adultery offence (formerly s.497 IPC) as unconstitutional, and the Bharatiya Nyaya Sanhita, 2023 contains no such offence, whether committed by a husband or a wife. Adultery still has civil consequences: under section 13(1)(i) of the Hindu Marriage Act, 1955, either spouse may seek divorce on the ground that the other has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse.

It is therefore wrong to treat the conduct as an offence for either or both spouses, and equally wrong to say that it is not even a ground for divorce.