Who Can You Turn to for Legal Advice on Extramarital Relationships?

Introduction

Women today face tumultuous waters relating to extramarital relationships in a society where choices are constantly scrutinized and conformity is often celebrated. Those who defy traditional norms are often criticized and ridiculed by society's moral police as if they were a looming storm cloud. A few lawyers for appeal in the High Court stand here unapologetic, determined to assert their rights as individuals in unconventional relationships with a strong sense of self-esteem.

My dimly lit office is where I am contemplating an issue that has long been a battleground between society's morals and the individual's right. In my capacity as a lawyer, I am privileged to advocate for those whose voices may be stifled by prejudice and societal judgments. My goal in this blog post is to explore the legal rights of women in extramarital relationships, reflecting on the stories of remarkable women who have fought for their freedom, and the glaring issue of moral policing that affects their choices.

Historically, women have been forced to conform and comply in a world where the concept of freedom has been often viewed as a mere platitude. It is a fundamental right enshrined in law and constitutions. Women have historically been subjected to harsh judgments regarding their right to engage in extramarital relationships.

Suppose, for a moment, that a woman decided to explore love or companionship outside of the confines of her marriage. There are whispers of society's disapproval along the path she walks, as if moral policing were bestowed upon all those who challenge society's norms. But it is my responsibility to ensure that the principles of justice and individual rights are upheld.

Despite being ridiculed and criticized for her choice, this woman deserves the same legal rights as everyone else. Extramarital relationships are not illegal in many jurisdictions. The law recognizes that it is a deeply personal decision and that she has the right to choose her relationships, her body, and her life.

Regardless of gender, the legal system safeguards the rights of individuals. It safeguards her right to privacy, allowing her to engage in relationships without unwarranted intrusion. Moreover, it ensures that her decisions will not be unfairly weaponized in divorce proceedings or child custody battles.

This battle, however, extends beyond the courtroom. She is fighting a battle against moral policing designed to shame and silence her. Despite double standards, men have navigated these waters with less scrutiny. It is a struggle for her right to express herself without fear of ridicule from society.

Women who make choices outside of societal norms when it comes to love and relationships are, in essence, trailblazers. They challenge the status quo, demanding that they be seen as individuals with unique experiences and desires. They also defy expectations that try to confine them within rigid roles and expectations. They deserve respect, understanding, and legal protection.

Landmark Judgments on Adultery

WP 13165 of 2019 - VS v. PKR ANR.

Due to privacy concerns, a husband cannot find the location of his wife's alleged lover's mobile tower in order to prove adultery

Shine v. Union of India (2019) 3 SCC 39:

Article 21 of the Constitution does not provide protection for the freedom of a married individual to have a consensual sexual relationship outside of marriage.

The case of Linda Constance Edwards v. William Edwards, 2000 SCC OnLine Del 933, is as follows:

According to the court, "direct evidence of adultery is rarely found".

The Court must intervene in cases where a wife seeks the assistance of the Court to obtain evidence that would provide conclusive evidence of adultery on the part of her husband.

Shaitan Bai v. Veeram:

According to the Madhya Pradesh High Court, the mere act of a wife meeting and roaming with a person does not constitute adultery. For adultery to be proven, direct evidence must demonstrate that the wife was observed in a compromising position with someone other than her husband.

Despite a single act of adultery or an isolated lapse on the part of a wife, the Punjab and Haryana High Court held that she was not ineligible for maintenance. The same decision was made in Sh. Pradeep Kumar vs Smt. Deepika Sharma.

Conclusion

During my professional career as a lawyer, I have stood alongside these women, providing legal counsel and advocating for their rights. More than that, I stand beside them through my belief in the power of individuality and the beauty of choices that defy convention. Hopefully, society will one day acknowledge that each individual's path is unique and that engaging in extramarital relationships is not a sin; it is a sign of a woman's individuality, freedom, and autonomy. On that day, the shadows of moral policing will dissipate, and the light of understanding and acceptance will shine.