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Sister in law had physical relation with another man what legal action


08-Dec-2023 (In Criminal Law)

My brother was married in 2011. After 1 years sister in law went to a different place for studies. The sister in law had a relationship prior marriage which continued after marriage as well. The boyfriend left sister in law. Now the sister in law wants brother to file a case against that boyfriend. They have photos and indecent videos as well. Who can file a case of adultery? and should we proceed?

Answers (2)

Answer #1
529 votes
Your brother only can file a complaint of adultery against the paramour of his wife. No body other has this right. If your brother feels aggrieved by conduct of the earlier boy friend, he should definitely file an FIR against that fellow.
Answer #2
849 votes
Your brother can file a case for adultery against his wife's Boyfriend. Section 497 of the Indian Penal Code, 1860, states that, ‘ 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.’

The photographs and videos shall be an aid during evidence. However, before proceeding I would suggest you to determine the clear objective of your legal battle. The legal battle may affect the goodwill of your family in the society and might even spoil the cordial relationship of your brother with his wife. Therefore, depending upon the objective of your intended action you should proceed. Needless to say, there are other means too through which your objective may be achieved.

So think and then decide accordingly.

All the best.
Sid

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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