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Today's judgment on adultery whether retrospective or prospective
27-Sep-2023 (In Divorce Law)
Is today's judgment prospective ?
The cases already pending in the court will be proceeded for the judgment abiding by this judgment or not ?
Actually one of my relative has filed an adultery case against her wife's lover and has all the proofs. So now does the new judgment will be followed or an old one only?
hi,
yes today's judgement on adultery will definitely effect the pending cases. As adultery is not a crime any more.
only the new judgement will be followed. The cases which are already pending in the court will come to an end. And no punishment to the accused will be pronounced
yes today's judgement on adultery will definitely effect the pending cases. As adultery is not a crime any more.
only the new judgement will be followed. The cases which are already pending in the court will come to an end. And no punishment to the accused will be pronounced
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Adv. Shiv Sehgal
Delhi | 25+ Answers
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All criminal laws are prospective in nature. article 20(1) of the Indian Constitution in the following words:
No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which have been inflicted under the law in force at the time of commission of the offence.
This means NO ex-post facto law.
No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which have been inflicted under the law in force at the time of commission of the offence.
This means NO ex-post facto law.
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Adv. Sidharth Arora
Delhi | 25+ Answers
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Sir the judgement can be converted on breach of trust if the judge dismiss or with held the case. As this point a writ petition needs to be filed that now what should we call this eliment . If it is not adultery then what . As by this decision the element of marriage will be lost .
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