Can wife file adultery case against husband?
19-Aug-2023 (In Criminal Law)
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 ?
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.
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What should I do if my wife cheated on me?
You are not to blame
Do not seek revenge.
Take care of you.
Seek professional counselling.
Choose a quiet place to speak to her.
Do not assume that your confrontation will lead to the end of the relationship.
Be sure to have accurate information.
Do not tell anyone about your suspicions.
Can a wife file a case on husband for cheating?
A woman can lodge an FIR or make a complaint to the Court of Judicial Magistrate if she can prove that her husband has cheated on her within the law.
What happens if my wife commits adultery?
The Court can consider the infidelity of your spouse when making decisions about the dissolution of your marriage. Consult a family lawyer. The Court will modify your alimony if your spouse has committed adultery during your divorce. 29-Mar-2022
How do I deal with an unfaithful wife?
Accept your feelings. Normal reactions include shock, agitation and fear. Pain, depression, confusion, and even pain are common. ...
Take care of yourself. ...
Avoid the Blame Game. ...
Keep your kids out of it. ...
Take it One Day At A Time.
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.
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.
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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.
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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.
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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.
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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.
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.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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