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Has the husband condoned act of adultery or not


09-Sep-2023 (In Divorce Law)
Sir, The husband filed divorce petition u/s 13 HMA, that his wife lives in adulterous relationship with resp no. 2 and So, given birth to a child, which not belongs to him. After file this case, before appear in court, the wife return to husband's home and maintained physical relation and file complaint to police. No FIR registered in Police station & compromise made to live separately till decision of court.After this both live separately. The Wife give birth to 2nd child.Now allegation proved against wife and divorce decree allowed on adultery & cruelty grounds against wife. Sir, In this case 1. The husband has condoned act of adultery or not? 2. If he has condoned adultery, he is eligible for file adultery complaint of ipc 497 against respondent no. 2 (adulterer) or not? 3. Is written admission of adulterer for commit offence of adultery in Police station is valid in court of law? 4. Is offence of adultery comes under category of moral turpitude. Pls. guide. Thanks
Answers (2)

Answer #1
760 votes
If the the other guy has develop relations with wife before her final statement and before she got divorced legally in the court or the child whom she has given the birth is of some other guy, then that guy has committed adultry and a FIR in police or complaint in court can be filed against that person if it's been proven or you have sufficient evidence to prove that adultry is committed. It is an offence even if you are judicially separated with your wife reason being u not legal divorced yet and 497 IPC says the person who develop sexual relation ,having reason to believe that female is wife of some mother person has committed the offence of Adultry.
Answer #2
963 votes
actually there is not so easy to explain thewholeof the details in such way because it require the converaayion to be verbal thus you may contact only then will beble to explain the whole details with you

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