A married woman, after 4-5 years of her marriage, realized that her husband is gay and indulged in gay relationships with different males; not intending to stop his relationship with Daniel Crasto. She lodged a First Information Report. Section 377, insofar as it criminalizes consensual sexual conduct between adults of same sex, is unconstitutional. The Bom HC held that the wife cannot be called a victim under Section 377 [Writ Petition (Criminal) No. 4470 of 2012]. She may only possess a ground for divorce. Adults have had a consensual sexual relationship. Hon’ble Justice Mridula Bhatkar thus quashed and set aside an Order refusing to discharge Daniel Crasto from the offence punishable under Section 377.
#The377Debate III : Non-Heterosexual Adultery
'The Last Word' seeks to include not only wise and witty sayings of the judges but also curiosities of lawyers and the law. This blog is not of obligation but of delight. I frankly confess my ignorance of much that ought to be included from overseas jurisdictions; and I utter a gentle prayer that those who know better would lighten my darkness. I am confident that I am not alone in my refusal to believe that the law is tedious or that the Indians really like all their law dull. For all that has escaped these percipient eyes, mea culpa maxima. History, after all, has many cunning passages, contrived corridors and issues.