jurisdiction of court in same case having both civil n criminal issue

999 votes

hello client hru as i can read your issue is really very much . in this matter the husband can make arrest the wife boy friend and make him behind the bars as well as also can make his wife understnd that husband is able to recover all the money he has given to his boy frind a after this wife will also think to give divirce or not.

Advocate Vishwanath Pratap Singh LawRato

779 votes

The same court can be the place of jurisdiction. first of all adultery is no more an offence now, but surely a ground for divorce. As far as money is concerned you had to seek money from that guy through your wife as you and him have no privity of contract.

Advocate Harshit Jain LawRato

608 votes

Since, its a family matter it will be considered as a civil dispute and not a criminal offense. Therefore, it would be better to first serve a legal notice to your wife stating a breach of trust and fiduciary relationship and that person. Give them 15 days and let them settle the matter then and there only. If not, file a civil case of breach of trust and seek damages from the person. Jurisdiction will lie where you reside, so most probably same court where you have filed the divorce matter.

Advocate Yuganshu Sharma LawRato

953 votes

Hon'ble supreme court of India strikes out the law which is define in section 497 of IPC, so Adultery is not the offense now a days in India, but you can file a police complaint in section 420 of IPC for cheating and filed a petition for divorce in HMA which will be entertained by family court

Advocate Hemant Shukla LawRato