Ayush Dhanraj Gupta, BLS LLB, Thakur Ramnarayan College of Law
ABSTRACT
This comparative analysis undertakes an examination of the concepts of adultery and open marriage, delving into their multifaceted dimensions encompassing legal, cultural, and societal facets. With a specific focus on the Indian milieu, this study meticulously scrutinizes both the historical precedents and contemporary perspectives surrounding adultery, offering an in-depth exploration of its decriminalization in India, a watershed moment catalyzed by a landmark judgment delivered by the Supreme Court. The paper further elucidates the intricate challenges that individuals encounter when navigating the uncharted territory of open marriages within a legal framework that remains bereft of formal recognition for such arrangements. In this comprehensive inquiry, the research distinctly delineates the disparities that exist between adultery and open marriage, underscoring their respective legal repercussions and societal perceptions. The analysis culminates by delving into the dynamic evolution witnessed in personal laws and societal norms within the Indian context. Through this lens, it provides valuable insights into the current landscape regarding these intricate facets of marital and relational constructs, juxtaposed against a backdrop of legal intricacies.
Keywords: Adultery, Open Marriage, Comparative Analysis, Indian Penal Code, Legal Perspectives, Decriminalization, Gender Equality, Sexual Autonomy, Marriage Norms, Personal Laws, Social Stigma, Consent, Polyamory, Swinging, Non-Monogamy, Joseph Shine v. Union of India, Live- in Relationship, Religious Family Laws, Marriage Dissolution.
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