My wife in adulterous relationship, how do I punish the guy My wife in adulterous relationship, how do I punish the guy

2 years ago

My wife has an extra marital affair with a guy serving in Delhi Police. I have whatsapp chat and voice records of this guy. This guy misleading my wife .. what I can do against that guy.. I don't want a divorce.

Anik

Responded 2 years ago

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A.Dear client,
Legally speaking, there are not many routes you can take aside from divorce. You cannot punish that person for your wife committing adultery. You can try and use IPC section 498 against him, which relates to enticing or taking away or detaining with criminal intent a married woman, but it is a serious charge and is hard to prove. If your wife consentingly committed adultery then this charge cannot be used against him.
Thank you.
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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
The Supreme Court legalised adultery by married woman the only recourse available to husband is to get divorce. But, under Section 498 of IPC such guy can be booked for enticing a married women. It is very easy to get suspension orders against him as disciplinary forces view immoral activities very seriously if you lodge complaint with his higher authorities with evidence.
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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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Abhimanyu Shandilya

Responded 2 years ago

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A.Dear Client
Since Section 497 of the IPC is no longer available hence filing cases against these kinds of scenarios have become a bit difficult but still you can file an FIR under Section 498 against the police and you can also try to add the Section 509 to get allegations against this man properly in the case
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