The Calcutta Law Journal Short Notes of Cases Articles and other Matters March 16 1911

Say the authors of the Code— Though we well'know that the dearest interests of the human race are closely connected with the chastity of women and the sacredness of nuptial cotract we cannot but feel that there are some peculiarities in the state of society in this country which may well lead a humane man to pause before he determines tcl punish the infidelity of wives. [...] We do not for a moment believe in the correctness of the suggestion but on the other band we are inclined to think that the gravest sort of the offence emanates from either party to the marriage itself. [...] of the question must bring 'home to the mind of every educated man that a large percentage of the offence is being committed only at the instance of the ill-favoured women. [...] The wife who left the solemnity and the holiness of the nuptial contract to go to the winds is certainly a more heinous offender than the stranger who merely encroaches on the civil rights of the husband. [...] If the faCts in evidence should disclose a clear case against the wife why should we not leave it to the discretion of the Court to punish her or not ? We would only say this much that as it is the last sentence in setion 497 affords immunity to a large class of vile women and that there is no necessity for the existence of an absolute and unqualfied protective provision in the Code.