The wife's exemption from being deemed an accomplice has been litigated and debated extensively, with the Apex Court consistently upholding this interpretation. On September 27, 2018, the Supreme Court overturned the long-standing Victorian-era law on adultery, which had been in place for 158 years. The ruling explores the evolution of the definition of adultery and critiques the outdated notion that treats wives as the property of their husbands, allowing husbands to exert control over their wives' fidelity.

The petition, filed by Joseph Shine, a non-resident of Kerala, raised concerns regarding the constitutionality of Section 497 of the Indian Penal Code, 1860. The judgment annulled all prior decisions that upheld the criminalization of adultery. The debate ensued regarding the classification of adultery as a criminal offense. The court determined that adultery does not meet the criteria to be classified as a felony. Viewing adultery as a felony would intrude significantly upon the highly confidential realm of matrimonial affairs. It is preferable for adultery not to serve as grounds for divorce.