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In a world where choices are constantly scrutinized and conformity is often celebrated, many women today are navigating the tumultuous waters of cases related to extra-marital relationship. Society’s moral police often cast judgment like a looming storm cloud, raining down criticism and ridicule upon those who dare to defy traditional norms. But also, there are few women stand here, unapologetic, determined to assert their rights as an individual in an unconventional relationship.
In the dimly lit room of my cozy law office, I find myself pondering an issue that has long been a battleground for society’s morals and the individual’s rights. As a lawyer, I have the privilege of standing up for those whose voices may be stifled by societal judgments and prejudice. Today, in this blog post I want to explore the legal rights of women in extra-marital relationships, reflecting on the stories of remarkable women who have fought for their freedom, and the glaring issue of moral policing that casts shadows upon their choices.
In a world that has often sought to bind women in roles of compliance and conformity, we must recognize that the concept of freedom is not a mere platitude; it is a fundamental right enshrined in legal documents and constitutions. One of the areas where women have historically been subjected to the harshest judgments is their right to engage in extra-marital relationships.
Consider, for a moment, the woman who decides to explore love or companionship outside the confines of her marriage. The road she walks is laden with whispers of society’s disapproval, as if moral policing has been bestowed upon all who dare to challenge the norms. But my role as a lawyer isn’t to judge. It is to uphold the principles of justice and individual rights.
This woman, whose choice is ridiculed and criticized, deserves the same legal rights as anyone else. In many jurisdictions, engaging in an extra-marital relationship is not a criminal offense. It is a choice, a deeply personal one, and the law recognizes this. She has the right to make decisions about her relationships, her body, and her life.
The legal system is there to protect the rights of individuals, regardless of gender. It safeguards her right to privacy, allowing her to engage in relationships without unwarranted intrusion. It also ensures that her decisions are not unfairly weaponized against her in divorce proceedings or child custody battles.
However, the battle extends beyond the courtroom. It is a battle against the moral policing that seeks to shame and silence her. It is a fight against the double standards that have allowed men to navigate these waters with less scrutiny. It is a struggle for her right to express her individuality without fear of societal ridicule.
The women who make choices outside of societal norms in matters of love and relationships are, in essence, trailblazers. They challenge the status quo, demanding that they be seen as individuals with unique experiences and desires. They defy the expectations that seek to confine them within rigid roles and expectations. They, too, are deserving of respect, understanding, and the protection of the law.
Some Interesting Landmark Judgements related to Adultery
VS v. PKR & ANR. (WP 13165 of 2019):
Husband Cannot Seek Mobile Tower Location of Wife’s Alleged Lover to Prove Adultery as It Violates Privacy
Joseph Shine v. Union of India, (2019) 3 SCC 39:
It was emphasized that the freedom to have a consensual sexual relationship outside marriage by a married person did not warrant protection under Article 21 of the Constitution.
Linda Constance Edwards v. William Edwards, 2000 SCC OnLine Del 933 :
The court held that “rarely would there be direct evidence of adultery”.
Therefore, “when in a case, a wife seeks the help of the Court for procuring evidence which would go a long way to prove adultery on the part of her husband, the Court must step in”
Veeram v. Shaitan Bai:
The Madhya Pradesh High Court held that Wife’s Mere Act To Meet and Roam With A Person Does Not Amount To Adultery. There must be direct evidence to establish that the wife was seen in a compromising position with other person than her husband to prove adultery.
Amitkumar Yadav vs Suman Devi and Ors : The Punjab and Haryana High court held that a solitary act of Adultery or an isolated lapse of wife shall not disentitle her to claim maintenance, the same was held in Sh. Pradeep Kumar vs Smt. Deepika Sharma.
Supposition
In my role as a lawyer, I stand beside these women, offering legal counsel and advocating for their rights. But more than that, I stand beside them as a fellow human being who believes in the power of individuality and the beauty of choices that defy convention.
It is my hope that society will one day embrace the uniqueness of each individual’s path, recognizing that a woman’s right to engage in extra-marital relationships is not a sin; it is an affirmation of her freedom, her autonomy, and her individuality. And when that day comes, the shadows of moral policing will dissipate, and the light of understanding and acceptance will shine brighter.
Feel free to write to us at mail@lawyersonia.com or call +91 9845944896 if you wish to consult or discuss your matter. “Sonia and Partners” is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the Best Lawyers in Bangalore appearing for clients at both District Courts and High Court practicing in the area of Family Law and Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients.
