ramesh 20 August 2019

Is section 497 void in india

Dear Experts,

My child hood friend and neighbour has filed for divorce case 3 years back and now her husband has filed a false PCR case aganist me charging Section 497 (Adultary case). Regarding the same when i approached lawyer - he said that it can be appealed at high court for squashing since section 497 has been overruled by supreme court in 2018. My question is

1. Can I appeal at high court for squashing?

2. IS section 497 is void

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4 Replies

Real Soul.... (LEGAL) 20 August 2019

You should file petition in higher court to quash it. Though adultry is no longer a criminal offence in India,however it could be ground for filing divorce.

Real Soul.... (LEGAL) 20 August 2019

You should file petition in higher court to quash it. Though adultry is no longer a criminal offence in India,however it could be ground for filing divorce.

N.K.Assumi (Advocate) 20 August 2019

Article 20 of the Consitution of India resoundingly declared: "No person shall be convicted of any offence exccept for violation of Law in force of the commission of the act charged as an offence....." When the law is declared by the Apex Court as void, No Court in India can take ognizance of the offence as alleged. Yes, you may take steps for Divorce if adviced.