Procedure to file a case on ex-spouse for adultery after divorce case

We applied for mutual consent diverse on misunderstanding bases. It will be granted soon. I want to file a criminal case against ex-spouse ( after diverse) on adultery backgrounds. Which one is the best way to file a criminal against them by filing criminal case by Me or my son ( 5yrs). I am having solid evidenced.

Answers (2)

63 votes

The factual legal position of adultery is as follows:
1) Adultery is a ground for divorce.

2) Only a man can be prosecuted for the offence of adultery under the IPC.

3) An adulteress “wife” is absolutely free from criminal responsibility.

4) The Adulteress "wife" cannot even be punished for “abetting” the offence.

5) Adultery law, assumes that the “ Adulteress wife” was a hapless victim of adultery.

6) The husband of adulteress "Wife" can file the case of adultery against the man under section 497 of IPC.

7) Wife of the man, who had consensual sexual intercourse with another woman, married or unmarried, is not deemed to be an aggrieved party and is not eligible from making a formal complaint against either her husband or the adulteress woman, but the wife of the man can file for divorce on the grounds of adultery.
Hope this information is useful.

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183 votes

well surely you can file a case of adultery only when you are in a relationship of marriage only after marriage the relationship would end and if the evidence is lead before marriage you applying mutual divorce will effect against you badly

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