Want to file Adultary Want to file Adultary

2 years ago

My wife is run away with another man who is not married can i able to file case against them

Abhimanyu Shandilya

Responded 2 years ago

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A.See sir, Adultery under Section 497 has been struck down but running away with a married woman under Section 498 is still a crime for which he can be punished. Moreover you can file a case for divorce against your wife on this ground too.

Section 497 in The Indian Penal Code
497. Adultery.—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.

Section 498 in The Indian Penal Code
498. Enticing or taking away or detaining with criminal intent a married woman.—Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
Section 497 of IPC which deals with criminalising Adultery was struck down by supreme court. But you can file for divorce from your wife with grounds of Adultery.

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Anik

Responded 2 years ago

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A.Hey,
You can file for divorce and adultery could be the reason for divorce. As per the supreme court judgement section 497 is not an offence which criminalised Adultery.

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Madhulika Bhatnagar

Responded 2 years ago

A.Adultery has been decriminalized by the Supreme Court so you cannot file a criminal case against them. However, you can get divorce from your wife on grounds of adultry.
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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Bilkul police me jae or report darj karaye.
Koi ghatna aap ki wife ke sath ho jaati hai tab uski problems ho sakti hai. Apne ko safe rakhne ke liye report darj karaye.
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