Having sex with someone else after marriage is not a crime

Jaipur, 1 April (HS). Rajasthan High Court has said in a criminal case that having sex with someone else after marriage does not fall in the category of crime. The single bench of Justice Birendra Kumar gave this order while rejecting the application filed by the husband of the wife living in a live-in relationship with her lover. The court said that it is true that in Indian society, physical relations should be between married couples only, but when adults voluntarily engage in relations outside marital relations, it does not amount to a crime. If an adult man or woman lives in a live-in relationship with someone else after marriage, then it does not fall under the category of crime under section 494 of the IPC, because neither of them married again while their husband or wife was alive. Is.

According to the case, the husband had filed an application in the court. It was said in the application that he had lodged an FIR in Bharatpur in the year 2021 regarding the kidnapping of his wife. This was challenged by the accused party in the court. At that time, he could not present his side in the petition of the accused because he was in jail in another case. While hearing the petition, the High Court had canceled the FIR while giving its order on May 24, 2022. In this case the order has been given without hearing him. The wife appeared in the court and said that she had left the house of her own free will and was in a relationship with her lover. After hearing all the parties, the court has rejected the application filed by the husband.