Same sex relationship
5 years ago
Is having same sex extra marrital affair illegal in India? Does it come under d law of adultry? Plz clear.
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
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
Helpful
Helpful
Share
ARPIT BATRA
Responded 5 years ago
A.Both are not punishable anymore since September 2018.
Helpful
Helpful
Share
Rajender Prasad
Responded 5 years ago
A.Dear client extra martial affairs and homeosexuality both are different but are the grounds for taking divorce. FOR DETAILS, PL. CONTACT SOME ADVOCATE.
Helpful
Helpful
Share
A.Dear Sir,
Both extra marital sex and being homosexual are punishable.
Both extra marital sex and being homosexual are punishable.
Helpful
Helpful
Share
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.
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.
Helpful
Helpful
Share
Read Related Answers
RCR case
Dear Client,
Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights(RCR). This remedy can be sought by either the hus...
Separation from Sibling on a legal ground
Dear Client,
You cannot be legally separated from your sibling. If the separation is about the property matters, then we would require more details on the issue, to answer your question precisely.
Hop...
My sister is not giving my share from our parents property
Dear Client,
If your parents died intestate (without a will), then you and your sister are equally entitled to the property according to the law of inheritance. You can file a suit before the jurisdic...
Husband denied expenses for both of us
Dear Client,
Section 18 of the Hindu Adoptions and Maintenance Act (herein HAMA), 1956 states that a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be m...
Seeking Anullment of marriage
Dear madam,
You cannot file second divorce petition but such additional ground for declaring your marriage as null and void. You may amend your earlier petition and add additional ground.
Read Blogs on Family
Family Lawyers
Find Lawyers by Location