Sage-Tips

Can you sue a person for cheating with your spouse in India?

How to take legal action for adultery in India. Even if the offence of adultery is decriminalized under Section 497 of the Indian Penal Code, it constitutes to be a reasonable ground for divorce, i.e. if either the husband or wife commits adultery, the other person can file for divorce solely based on this reason.

Is cheating on your wife against the law in India?

Adultery was a criminal offence under Chapter XX of the Indian Penal Code until it was quashed by the Supreme Court of India on 27 September 2018 as unconstitutional.

Is it illegal to date a client?

That said, California rule provides for a bit more leeway. Per the rule, romantic relationships between an attorney and client are only forbidden if the relationship causes the attorney to perform his or her services incompetently.

What happens if a lawyer date a client?

Although an attorney is not specifically prohibited from having an intimate relationship with a client, both Rule 3-120 and Section 6109.9 set forth that an attorney’s representation should cease if, as a result of the sexual relationship, his or her services cannot be competently carried out.

Should lawyers in India be allowed to advertise?

In the Indian context, lawyers are not conferred with the right to advertise and publicize their work, with the aim to solicit clients. In fact, there is a statutory prohibition. This is enunciated in Rule 36 of the Bar Council of India [“BCI”] Rules read with section 49 (1)(c) of the Advocates Act, 1961.

What is new adultery law in India?

In September 2018, the Supreme Court unanimously struck down Section 497 of the Indian Penal Code that makes adultery a punishable offence for men. The Supreme Court on Wednesday agreed to examine the Central government’s request to keep adultery a crime in the armed forces, news agency ANI reported.

Is cheating punishable by law?

Adultery and concubinage are crimes against chastity under the Revised Penal Code (RPC) and which are referred to as sexual infidelity in the Family Code or marital infidelity in a general sense.

Can you go to jail for adultery?

After the judgement: Adultery can be a ground for divorce but it’s no more a criminal offence attracting up to 5 years jail term.

How does Indian law perceive attorney-client privilege?

In this article we will discuss the Indian law the way it perceives attorney-client privilege. In India, Sections 126 to 129 of the Act deal with privileged communication that is attached to professional communication between a legal adviser and the client.

Should foreign lawyers be allowed to practice law in India?

Indian advocates are not allowed to practice law in U.K., U.S.A., Australia and other foreign nations except on fulfilling onerous restrictions like qualifying tests, experience, work permit, etc. Foreign lawyers thus, should not be allowed to practice in India without reciprocity.

Is extramarital sex a criminal offence in India?

Extramarital sex is not a criminal offence in India anymore. The country’s supreme court today (Sept. 27) struck down a colonial-era law that prescribed a maximum imprisonment of five years to men for adultery. However, the offence still remains a valid ground for divorce. A five-judge…

Is adultery a ground for divorce in India?

Majority of the countries worldwide treat adultery only as ground for civil issues including divorce and it continues to be so in India too. Dr. Vageshwari Deswal is Prof. of Law at Faculty of Law, University of Delhi.