With the observation 'that mere adultery cannot be a crime, but if any aggrieved spouse commits suicide because of life partner’s adulterous relation, then if evidence produced, it could be treated as an abetment to suicide'; is the Hon'ble Supreme Court trying to suggest that suicide is the only option left for the aggrieved spouse to prosecute the adulterous partner?
SC says 'women can't be treated as subordinates', Section 497 IPC ‘deprives women of dignity’, hence 'Adultery' decriminalized and held, unconstitutional!
Now if Wife commits adultery, and the husband looks for some remedy, he has NIL!
Till yesterday too, the husband could have prosecuted wife paramour only u/s 497 IPC, as the wife had immunity against it and couldn't have been prosecuted for adultery earlier too. Now even paramour is free from any prosecution!
Apart from that, by virtue of decriminalization of 497 IPC, asking your wife to leave adultery or not to sleep around with anyone will also be treated as Domestic Violence against wife!
If the husband do not like or cooperate with wife's adulterous behaviour, he should be ready to be prosecuted for having commited cruelty against wife!
Husband can no doubt seek civil remedy like Divorce or Judicial Separation from Family Court, making adultery a ground, BUT for that too court will demand irrebuttable, reliable and concrete evidence to prove adultery, any good evidence like virtually a blue film, which in itself is a herculean task!
Now, if Husband commits adultery, he can very well be prosecuted with the full package of all the existing gender biased laws!
Most importantly, with the observation 'that mere adultery cannot be a crime, but if any aggrieved spouse commits suicide because of life partner’s adulterous relation, then if evidence produced, it could be treated as an abetment to suicide', as reported by SCC; is the Hon'ble Supreme Court trying to suggest that suicide is the only option left for the aggrieved spouse to prosecute the adulterous partner?