My wife has committed adultery, what action can I take against the man?
2 years ago
My wife has affair with her colleague at her office. I recorded their whatsapp chat in which they talked about their kissing and planned to have intercourse. My wife photo was also uploaded in that chat.
What action can I take against the unmarried man. I want to punish for his misbehavior as I and his colleagues warned him. Still they are in touch with each other. We have been living apart for one and half years.
A.Dear Sir,
Please read following section and lodge complaint with police if FIR is not registered then file private complaint directly through advocate.
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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A.See adultery has been abolished under Sec 497 but still the man can be punished under Section 498 of IPC. So, file an FIR under this Section against him.
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.
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Aap apni wife ke khilaf divorce petition vayabhichar ki ground banakar dakhil kar sakte hai. Jiski aap ke pass evidence hai. Aap ko court divorce de sakti hai.
In September 2018, the apex court had declared Section 497 of the Indian Penal Code (IPC) – that makes adultery a punishable offence for men – unconstitutional and struck it down. So it is no more a crime in India. But you can approach the court seeking divorce as adultery is a ground for divorce.
Thank You
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Adultery is not a crime in India anymore and she/he can't be prosecuted for that offence. But you can approach the court and seek for divorce and if it is proven, you may get the divorce.
Thank You
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
live in relationship
NRI fraud
Spouse having affair in her office
Divorce
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