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How did Joseph Shine v. Union of India change the legal treatment of consensual adultery between adults…

Joseph Shine invalidated the standalone criminal offence of adultery. Consensual adultery can still have matrimonial consequences, including divorce under section 13(1)(i)…

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How did Joseph Shine v. Union of India change the legal treatment of consensual adultery between adults in ordinary civilian cases?

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Answer and explanation

Correct answer A

Joseph Shine invalidated the standalone criminal offence of adultery. Consensual adultery can still have matrimonial consequences, including divorce under section 13(1)(i) of the Hindu Marriage Act, 1955.

Option feedback

Option A

The Supreme Court struck down the former adultery offence and recognised that adultery may have civil consequences, including in matrimonial proceedings.

Option B

Withholding spousal consent was relevant to the former offence. The Supreme Court invalidated that offence.

Option C

The Court invalidated the criminal provision. It did not replace it with equal criminal liability.

Option D

Section 13(1)(i) of the Hindu Marriage Act, 1955 continues to provide a divorce ground for voluntary extramarital intercourse.

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