Court refuses to grant stay on adultery trial Page 7, TOI, Mumbai June 24, 2011

g There are many who think that we can live the way we like. But no....there are some laws, civil society framework , disciplines etc etc.. Since they are ignorant they cross the limit and then suffer. These type of news, my mails, blogs, yahoogroups are only meant for creating awareness and making one responsible and aware citizen.Though ignorance of law and changing norms in society are no defense in court and law is supreme till amended. Read carefully..........Alok


http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM%2F2011%2F06%2F24&ViewMode=GIF&PageLabel=9&EntityId=Ar00901&AppName=1

Court refuses to grant stay on adultery trial

Swati Deshpande TNN

Mumbai: The Bombay High Court on Thursday said that there was no stay on the trial in a complaint filed against a man for allegedly having adulterous relationship with a married woman pending a challenge raised by him to the constitutional validity of the penal provisions against adultery under Indian law.
    The bench of Justice B H Marlapalle and Justice U D Salvi came down heavily on the petitioner and said “if somebody wants free sex, then first release themselves from the institution of marriage. If such acts are allowed, then there would be no civil society,” the judges said.
    The section needs to be amended to bring women under the purview, the judges said. “Under personal law, both the spouses are punished.”
    The judges observed that adultery was an “offence against the institution of marriage”. “In fact, the reading of the Section and the concerned chapter of Indian Penal Code, this is the only offence which is compoundable. Nowhere in the world is this accepted.”
    The court accepted arguments made by advocate Vibhav Krishna for the complainant, Sundeep Singapuri, that the trial cannot be stalled. The court had earlier sought the presence of additional solicitor general who represented the central government in the matter given the graveness of the challenge. The accused, a reputed businessman, had earlier argued through his counsel Nitin Pradhan that he would be affected if the trial continued and he later succeeded in the petition. He also argued that in a changed society, such norms could not bind relationships.
    The next date for trial is July 5 at the Dadar metropolitan court.