Citing Draupadi From Mahabharat, Delhi High Court Discharges Man In Adultery Case

Citing Draupadi from Mahabharat as an example to denote woman being considered as the property of the husband, the Delhi High Court has discharged a man in an adultery case filed against him by a woman's husband. “The woman being considered as the property of the husband and its devastating consequences are well documented in Mahabharat wherein Draupadi was put on stake in a game of gamble by none other than her own husband Yudhishtra where other four brothers were the silent spectators and Draupadi had no voice to protest for her dignity,” Justice Neena Bansal Krishna said. The Court said that Draupadi was lost in the game of gamble and what followed was the great war of Mahabharat, leading to mass loss of lives and wiping out of many of the family members. “Despite having such example to demonstrate the consequence of absurdity of treating of a woman as a chattel, the misogynistic mindset of our Society understood this only when the Apex Court declared Section 497 IPC as unconstitutional in the case of Joseph Shine (supra),” the Court said. The man had challenged a trial court order summoning him under Section 497 of the Indian Penal Code, 1860. The complainant alleged that his wife was having an extra marital affair with the petitioner. The husband further alleged that his wife and the petitioner had gone to Lucknow where they stayed together in a hotel as husband and wife and had sexual- intercourse without his consent. It was his case that on confronting his wife, she told him to leave if he had any problem with their relationship.After the complaint case was filed by the husband, the petitioner was discharged by the MM. However, the discharge order was set aside by the sessions court on a revision petition filed by the husband and the petitioner was summoned for the offence of adultery. The Court considered the question as to whether declaration of Section 497 of IPC as unconstitutional in Joseph Shine case by the Supreme Court was retrospective and would be applicable to the present case which got initiated by the Husband in April 2010.Justice Krishna said that the aspect was considered by the Supreme Court Maj. Genl. A.S. Gauraya & Anr. v. S.N. Thakur wherein it was held that declaration of law by the Supreme Court applies to all the pending proceedings even with retrospective effect.The Court then observed that the husband's Complaint Case filed on the allegations of Section 497 of IPC against the Petitioner was liable to be quashed.It further said that the M.M. had rightly noted that the case of the Petitioner was that since his wife along with him stayed overnight in the same room in a hotel, there can be no presumption of them having indulged in a sexual intercourse.Allowing the plea, the Court quashed the husband's complaint and discharged the petitioner.Title: ASHOK KUMAR SINGH v. State & Anr.Citation: 2025 LiveLaw (Del) 452Click here to read order

Citing Draupadi From Mahabharat, Delhi High Court Discharges Man In Adultery Case

Nupur Thapliyal

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