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Q. Same sex relationship

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Anonymous

posted 9 months ago

Q.Same sex relationship
Is having same sex extra marrital affair illegal in India? Does it come under d law of adultry? Plz clear.

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Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 9 months ago

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A. ) Dear Client,
Sexual activity between people of the same gender is legal but same-sex couples cannot legally marry or obtain civil partnerships. On 6 September 2018, the Supreme Court of India decriminalised homosexuality by declaring Section 377 of the Indian Penal Code unconstitutional.
Shanti Ranjan Behera
Advocate

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ARPIT BATRA

Experience: 11 Year(s)

Responded 9 months ago

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A. ) Both are not punishable anymore since September 2018.

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 9 months ago

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A. ) Both are punishable offence

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Rajender Prasad

Experience: 5 Year(s)

Responded 9 months ago

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A. ) Dear client extra martial affairs and homeosexuality both are different but are the grounds for taking divorce. FOR DETAILS, PL. CONTACT SOME ADVOCATE.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 9 months ago

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A. ) Dear Sir,
Both extra marital sex and being homosexual are punishable.

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Abhimanyu Shandilya

Experience: 14 Year(s)

Responded 9 months ago

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A. ) Firstly same gender sexual acts, which was a criminal act as per the Section 377 of Indian Penal Code, has been decriminalized by Supreme Court of India in September 2018, meaning homosexuality is no more a crime. Secondly lately even Adultery, Section 497 of IPC, has been decriminalized.
Hence answer to your query is that the person so involved will not be punished and sent to jail but yes this can be a ground for matrimonial suit, Divorce.

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