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Additionally, it was asserted that the adulterous man had been unfaithful to the married man and was exclusively responsible for any sexual relations. However, the apex court abolished the crime of adultery because it violates women's fundamental rights and views them as the husband's personal property after filed a Public Interest Litigation under Article 32 of the Indian Constitution challenging the constitutionality of the offense.

Notice-for-including-wife-in-adultery

The spouse about the legal remedies that are available to him or her and the existence of legal procedures in India which could be taken against his or her spouse if they commit the offence of adultery, even though the act of adultery is no longer a criminal offense but is still a basis for divorce in both Hindu and Muslim personal law. In the event that the couple decides to file for divorce and end their marriage, it discusses the legal process to be followed, the definition of adultery, the gathering of evidence against the spouse, hiring of an attorney, and presenting the case before the court. The spouse who is requesting a divorce on the grounds that the other spouse has committed adultery bears a heavy burden of proof in this case.

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