In Joseph Shine v. Union of India (2018), the Supreme Court decriminalized adultery by striking down Section 497 IPC, but noted that civil remedies like ______ and maintenance remain available for marital disputes, illustrating balance between decriminalization and civil accountability.

Answer: divorce

Joseph Shine (2018) decriminalization and civil remedies: (a) Context: Challenge to Section 497 IPC criminalizing adultery (only men punished; women treated as property of husbands), (b) Supreme Court holding (unanimous): (i) Decriminalized adultery: Struck down Section 497 IPC as violating Articles 14, 15, 21, (ii) BUT civil remedies remain available: Divorce, judicial separation, maintenance, custody disputes can be addressed through civil law, not criminal law, (iii) Balance: Decriminalization protects individual autonomy, privacy; civil remedies provide accountability for marital disputes, (c) Applications: (i) Divorce proceedings: Adultery can be ground for divorce under personal laws, but not criminal offence, (ii) Maintenance claims: Affected spouses can seek maintenance through civil courts, not criminal prosecution, (iii) Custody disputes: Child custody determined based on child's welfare, not criminalization of parental conduct, (d) Rationale: (i) Autonomy: Criminal law not appropriate tool for regulating private consensual conduct between adults, (ii) Accountability: Civil remedies provide appropriate forum for addressing marital disputes, protecting vulnerable parties, (iii) Proportionality: Civil remedies less restrictive than criminalization; balance individual autonomy with accountability, (e) Illustrates calibrated rights balancing: Decriminalization protects individual autonomy, privacy; civil remedies ensure accountability for marital disputes; proportionality ensures appropriate legal response to complex social issues.