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The Supreme Court struck down Section 497 of the Indian Penal Code which holds adultery as an offence.The judgement was pronounced by a five judge Constitution Bench headed by Chief Justice Dipak Mishra.
According to the provision, consensual sexual intercourse between a married woman and an individual who is not her spouse and a married man and a woman who is not his wife constituted adultery. However if a spouse commits suicide due to the partners adulterous relationship, and evidence is produced, it could be treated as abetment to suicide. Adultery will continue to be a ground for dissolution of marriage.
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