Wife and husband both having affair can wife be punished

728 votes

Cases can be filed for whatever reason frivlous or otherwise. Please look for genuine consultancy as to whether case is legally sustainable.

Wife have affair with anyone whether with intimate relationship or otherwise is no criminal offence in IPC. Although it can be mental cruelty for husband sufficient ground for divorce.

Husband having affair with anyone, if she is married, then it amont to adultery as per IPC, but only husband of that lady can initiate criminal proceedings and no one else. Wife of lady whose husband is indulged in such act can seek divorce only.

Advocate Goutam Prasad LawRato

848 votes

Hi ,

The wife can sue the husband for adultery.The husband can sue wife's male lover but not wife per se.However, proving sexual interaction is very difficult in such cases.Get in touch if you need help.

Advocate Prakhar Dixit LawRato

773 votes

First, you have to check the validity of Marriage, under section 5 of Hindu Marriage act, however,
IPC silent on such case (Adulatory), she can be divorced, but can't be prosecuted under criminal law, on such ground.

Advocate Naveen Kumar Shelar LawRato

807 votes

Hi,

From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards

Advocate Ganesh Singh LawRato