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Adultery Tears Apart Families; Should Not Be Taken Lightly: Justice KM Joseph
Rintu Mariam Biju
29 Sept 2022 5:34 PM IST
Supreme Court judge Justice KM Joseph observed that adultery creates deep pain and tears apart families, therefore, matters concerning it should not be taken lightly. Justice KM Joseph orally observed, "All of you counsel are aware of the pain, deep pain that adultery creates in a family. We have held so many sessions as judges in the High Courts, habeas corpus jurisdiction, we have seen...
Supreme Court judge Justice KM Joseph observed that adultery creates deep pain and tears apart families, therefore, matters concerning it should not be taken lightly.
Justice KM Joseph orally observed, "All of you counsel are aware of the pain, deep pain that adultery creates in a family. We have held so many sessions as judges in the High Courts, habeas corpus jurisdiction, we have seen how families are torn apart because of adultery. We thought of keeping this to ourselves but we are just telling you, don't treat it in a light hearted manner. If you have experience as to what happens in a family when adultery takes place."
A 5-judge bench led by Justice Joseph was hearing an application filed by the Centre seeking clarification in the 2018 judgment decriminalising adultery under the IPC, stating that it should not apply to the Armed Forces where personnel can be cashiered from service on grounds of "unbecoming conduct" for committing adultery with a colleague's wife.
A five-judge bench of the Top Court had struck down section 497 IPC in September, 2018 in the case Joseph Shine v Union of India.
During today's hearing, Justice Joseph also recalled a rather painful incident which 'broke his heart'.
"There were two children and the mother had committed adultery. She filed for habeas corpus as she wanted to interact with the children, they were 13 and 11. They refused to talk with their mother, I tried my level best. It really broke my heart. That's the kind of rancour, hatred, violence as it happens (due to adultery)", the Judge apprised the opposing counsel.
The judge also reiterated that everyone is ultimately dependant on family as a unit.
"Everybody is ultimately dependant on family as a unit or society. Integrity of family is based on the faithfulness that it expects from the other (partner). If this is going to shake the even tone of somebody's life, and the armed forces must have some kind of, they should have some kind of assurance that they take action."
A detailed report on today's report can be accessed here.
The matter will be next heard on December 6, 2022.
The Centre pointed out that the application of fundamental rights to members of armed forces is restricted as per Article 33 of the Constitution.
Centre's application states that in cases of Adultery, even if there is a charge against the accused in either of the Sections for unbecoming conduct or violation of good order and military discipline, then in that case, an argument may be raised that the army are circumventing the law and what could not be done directly in view of aforesaid judgment dated 27.09.2018, is being done indirectly.
Case Title: Joseph Shine vs Union Of India
