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Clarification related to limitation on Sec 497 IPC


08-Mar-2023 (In Criminal Law)
Sir, 1. Is after getting divorce decree on ground of adultery and mental cruelty from court an ex husband can file complaint of adultery against paramour of their ex wife on the basis of divorce decree in which judge has clearly mentioned that wife has committed adultery with paramour? 2.Police can register fir u/s 497 against paramour on the complaint received from ex husband on the basis of judgement of divorce decree as evidence?
Answers (4)

Answer #1
789 votes
Hello
U did not clear this issue that whether you filed any appeal in that case or not .exhusband if file complaint to police but it is bailable offence.it is not easy to get evidence regarding adultery
Answer #2
662 votes
The high court of Kerala held that person who have obtained divorce have no right to file a complaint. It answers both of your questions.. And moreover the paramour should be a married man, if he is not married, no adultery takes place.
Answer #3
719 votes
the offence of adultery is classified for the punishment of imprisonment for five years or with fine as the offence. so as per provisions of section 468 of code of criminal procedure there is no limitation bar for taking cognizance on this type of offence. So there is no limitation period prescribed for prosecuting for the offence of adultery.
Answer #4
702 votes
Once the divorce decree is granted, she no longer stands your wife. Moreover, you could have filed this plea during the divorce and now I don't see this case going anywhere.

This should have been advised by your lawyer prior of taking a divorce decree if appointed any.

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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