Can wife file adultery case against husband?
One of my friend. He going through a divorce and also he is having affair with another married woman. The wife is threatening my friend to file an adultery case. Can she file an adultery as criminal case on her husband ?
in these circumstances wife can file case of adultery against husband if the marriage is still subsisting. according to above mentioned facts divorce proceeding is pending the divorce have not granted to the parties so the marriage is in existence till final decree of divorce by court.
Advocate Yogesh Kumar VidyakarDistrict Court, Dwarka, Delhi
she can file for divorce on the grounds of adultery and claim maintenance and stridhan. In India adultery is not really taken cognisance of but it is very much a crime. If the wife consults a lawyer she can file for a criminal case.
497. Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.
Advocate Shalini KapilaDubai Creek Tower, Dubai
Section 497, Adultery under the Indian Penal Code is not available to a woman. It was incorporated solely for the husband of a married woman to prosecute the man she is having an affair with. The answer to your question therefore is, NO your friends wife cannot file a case for adultery against him. Hope this helps.
Advocate Arjun Vinod BobdeSupreme Court of India, Delhi
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