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In most Western countries, adultery itself is no longer a criminal offense, but may still have legal consequences, particularly in divorce cases.
However, irrespective of the stated views of the partners, extra-marital relations could still be considered a crime in some legal jurisdictions which criminalize adultery.
In Canada, though the written definition in the Divorce Act refers to extramarital relations with someone of the opposite sex, a British Columbia judge used the Civil Marriage Act in a 2005 case to grant a woman a divorce from her husband who had cheated on her with another man, which the judge felt was equal reasoning to dissolve the union.
In the United Kingdom, case law restricts the definition of adultery to penetrative sexual intercourse between a man and a woman, no matter the gender of the spouses in the marriage, although infidelity with a person of the same gender can be grounds for a divorce as unreasonable behavior; this situation was discussed at length during debates on the Marriage (Same-Sex Couples) Bill.
In India, adultery is the sexual intercourse of a man with a married woman without the consent of her husband when such sexual intercourse does not amount to rape.
Adultery involving a married woman and a man other than her husband was considered a very serious crime.