Can case for adultery be filed on husband after getting divorce


I had applied for mutual diverse. After getting the diverse what chances do I have to put criminal case against spouse on adultery. I have evidences. Please provide your valuable suggestions.

Answers (2)


174 votes

Dear Madam ji,
Firstly you confirm to me when you got the mutual divorce. Are living separately After divorce.
If your husband did any wrong, After getting divorce , you may file case against your husband.


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335 votes

Hi
Unfortunately, a spouse (husband/wife) cannot pursue adultery (section 497 Cr.p.C) case against either the husband or the wife.
In law, you cannot prosecute a woman on the grounds of adultery, even if you have concrete proof against the woman as law presumes, woman is the passive victim and it is the male member responsible for adulterous act.
In case of men, it is the husband who can pursue the case of adultery against the man who had illicit relationship with his wife.
Hope this information is useful.

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