Can wife file adultery case against husband?

984 votes

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.

LawRato LawRato

618 votes

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 Kapila LawRato

878 votes

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 Vidyakar LawRato

687 votes

yes you can definitely file a case of adultery against your husband. the case of desertion can be contested through any divorce advocate. you can easily claim for monetary compensation to fight your case and even can claim for monthly or permanent alimony. it would be better to make you understand the full thing if we can had a face to face interaction. i would recommend you to case a case against your husband in order to secure your reputation and future.

Advocate Sreemon Bose LawRato

691 votes

If your husband file a divorce case then you can defend the case and you can file a case under section 125 of the Cr.P. C for your maintenance before the court. And without detail discussion proper consult is not possible.

Advocate Dhrubaraj Bhowmik LawRato

994 votes

Yes you can file criminal case against your husband by filing criminal charges for adultery against your husband if you have proof to substantiate the charge. and you may also seek alimony from him.
File 125 CrPC case, case under domestic violation act, and under 498A IPC case. You have to spend some money in the beginning, but within 6 months you would be able to get an interim order for maintenance.
BUT ALL OF THESE DEPENDS ON WHAT EVIDENCE AND PROVE OF HIS INCOME YOU HAVE.
Defend yourself in the case filed by your husband for divorce.

Advocate Anamika Pandey LawRato

372 votes

In India, they cannot be accused of adultery as the law only defines adultery in India when a married woman is involved. The women can also be divorced for adultery but not charged.

Advocate Chikirsha Mohanty LawRato