Legal punishment for a wife if caught in an extramarital affair

234 votes

Adultery or the act of having an extramarital affair is recognized as a ground for divorce under the Hindu Marriage Act, 1955. If a spouse can provide evidence of the other spouse's extramarital affair, it can be considered a valid reason for seeking a divorce. It is not an offence anymore as the Supreme Court in 2018 decriminalised Section 497 IPC which prescribed a penalty for having an extramarital affair with a married woman. Hence, as of today, there is no prescribed punishment for having an extramarital affair.

It should be noted that divorce proceedings are initiated by filing a petition in court. Divorce is a legal process that involves the court's intervention and requires valid grounds as per the applicable personal laws. It is not something that can be forcefully imposed by one spouse on the other.

LawRato LawRato

970 votes

There is nothing called forceful divorce, your wife may falsely allege you in 498a and maintenance cases, be patient, collect all evidences in paper, videos and calls which needs to be approved under evidence act and be presented in contested divorce so that you sail smoothly.

Advocate Aveek Bose LawRato

680 votes

If any husband finds his wife having an extra marital affair, then he can proceed with divorce on that ground only. The custody of the kid shall be decided by the court. But at first we need to have a face to face interaction in order to guide you better.

Advocate Sreemon Bose LawRato

867 votes

Section 497 of the Indian Penal Code punishes a man alone for adultery for having consensual sex with a married woman. Wife cannot be punished even as an abettor. A woman is completely immune to the charges of adultery and she cannot be proceeded against for that offence. Only a man can be proceeded against and punished for the offence of adultery. The same needs to be proven with solid evidence only then the accused can be convicted if proven guilty.

However, you got a good ground for divorce, since she had voluntary sexual intercourse with any person other than you. A woman who is found to be in adultery, is not entitled to maintenance and custody of the child. For filing of the divorce petition you can get my contact details from Law Rato

Advocate Robert D Rozario LawRato

879 votes

As per Section 497 of the Indian Penal Code provides the Adultery and it says “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 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 5 years, or with fine, or with both. In such case, the wife shall not be punishable as an abettor.” A three Judges Bench of Hon'ble Supreme Court on 05.01.2018 in W.P.(Crl.) No.-000194 / 2017 in a petition filed by an activist Joseph Shine, noted that "..the provision seems quite archaic and especially, when there is a societal progress. Thus analyzed, we think it appropriate that the earlier judgments required to be
reconsidered regard being had to the social progression, perceptual shift, gender equality and gender sensitivity. That apart, there has to be a different kind of focus on the affirmative right conferred on women under Article 15 of the Constitution. In view of the aforesaid, we think it appropriate to refer the matter to a Constitution Bench." Hence the same is under active consideration by a Five Judges Constitutional Bench of the Hon'ble Supreme Court. However, adultery is a valid ground under the Hindu marriage Act for divorce, hence, you can lodge a divorce petiiton at the ground of adultery. All the best. Regards.

Advocate Ujjal Kumar Ray LawRato