india divorce legal-research indian-penal-code
As IPC 497 is struck down - can any married person now file a divorce based on the fundamental &#39;right to choose&#39;?
<p>Supreme Court of India has <a href="https://qz.com/india/1404196/adultery-no-longer-crime-in-india-rules-supreme-court/#:%7E:text=Extramarital%20sex%20is%20not%20a%20criminal%20offence%20in,offence%20still%20remains%20a%20valid%20ground%20for%20divorce." rel="nofollow noreferrer">struck down</a> IPC section 497:</p>
<blockquote>
<p>A five-judge bench of the court ruled that section 497 of the Indian Penal Code violates
women’s right to equality and treats them like the property of their
husbands. “It’s time to say that (a) husband is not the master of
(his) wife,” Chief Justice of India, Dipak Misra read out from the judgement.</p>
</blockquote>
<ul>
<li>So, now, can any married person get a divorce without any arguments and/or accusing their partners, based on
the 'right to choose' as a fundamental right?</li>
</ul>

<p>No.</p>
<p>Different civil codes provide methods for divorce, but in all of them, they have outlined clear &quot;<a href="https://timesofindia.indiatimes.com/readersblog/lawpedia/grounds-for-divorce-in-india-35652/" rel="nofollow noreferrer">grounds for divorce</a>&quot;. One must provide one of these as a reason for divorce.</p>
<p>While adultery is no longer a crime, it is still a ground for divorce.</p>
