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Delhi High Court Cites Mahabharata to Condemn Patriarchal Mindset in Adultery Case


In a powerful indictment of lingering patriarchal norms, the Delhi High Court recently drew a striking parallel between a modern-day adultery case and the treatment of Draupadi in the Mahabharata. The April 17, 2025, judgment highlighted how women continue to be viewed through a regressive lens, despite legal strides toward gender equality.

Mahabharata as a Cautionary Tale

Justice Neena Bansal Krishna, presiding over the case, remarked:

“The consequences of treating women as chattel were starkly illustrated in the Mahabharata, yet this regressive mindset persisted until the Supreme Court struck down Section 497 in the Joseph Shine case (2018).”

This literary reference underscored the Court’s concern over the enduring impact of societal norms that objectify women, echoing the mythological moment when Draupadi was wagered away by her husband.

Background of the Case

The case involved a couple married in 1998. In 2010, the husband accused his wife of having an extramarital affair after discovering call logs and hotel stay records indicating her overnight presence with another man in Lucknow. He issued a legal notice and filed a criminal complaint under the now-defunct Section 497 of the Indian Penal Code (IPC).

  • The trial court initially discharged the accused for lack of evidence of sexual intercourse.

  • However, the Sessions Court later summoned him to face trial.

  • The couple eventually divorced in 2016.

Legal Issue: Can the Joseph Shine Ruling Apply Retrospectively?

The accused challenged the summons before the High Court, arguing that the Supreme Court’s 2018 decision in Joseph Shine v. Union of India—which declared Section 497 unconstitutional—should apply to his pending case.

The Court agreed, citing the precedent set in Maj. Genl. A.S. Gauraya v. S.N. Thakur (1986), which held that constitutional invalidations apply retrospectively to all pending matters.

Key Observations by the Court

  • No Presumption of Adultery: Staying overnight at a hotel is not conclusive proof of a sexual relationship.

  • Insufficient Evidence: No oral or documentary evidence confirmed the allegations.

  • Invalid Law: Section 497 was declared unconstitutional in 2018 and cannot be used to prosecute.

Final Verdict

The High Court set aside the summoning order, discharging the accused from the adultery charges. The Court emphasized that moral judgments cannot be the basis of legal punishment, especially under a law that has been constitutionally struck down.

Why This Judgment Matters

This verdict not only reiterates the irrelevance of outdated laws like Section 497 but also sends a strong message against patriarchal biases that continue to influence both society and legal proceedings. By invoking the Mahabharata, the Court rooted its reasoning in cultural context, making a compelling case for constitutional morality over social orthodoxy.


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