Summon
3 weeks ago
My friend has received a summon from her husband accusing her of having an affair with me. My name is mentioned in the summon. Do I need to be worried. I don't live in India.
A.Dear Client,
Extramarital affairs, once criminalized under the Indian Penal Code, were decriminalized by a Supreme Court judgment on September 27th, 2018. Although adultery is no longer a criminal offense, it can still be grounds for divorce under Section 13(1)(i) of the Hindu Marriage Act. In such cases, the husband of a married woman can involve a third party in the divorce proceedings, but the wife will not be punished as a partner in the act.
Extramarital affairs, once criminalized under the Indian Penal Code, were decriminalized by a Supreme Court judgment on September 27th, 2018. Although adultery is no longer a criminal offense, it can still be grounds for divorce under Section 13(1)(i) of the Hindu Marriage Act. In such cases, the husband of a married woman can involve a third party in the divorce proceedings, but the wife will not be punished as a partner in the act.
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A.Dear Sir,
You need not worry but if the evidence is so strong the following section will attract.
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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.
You need not worry but if the evidence is so strong the following section will attract.
=============================================================================
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.Dear Client,
The Indian Penal Code outlaws "consensual" sexual intercourse between a man and a married woman unless it has the consent of the husband as well. But it is only the man who can be prosecuted on the husband's complaint, not the wife. An extramarital affair or adultery is no longer a criminal offense as per the judgment passed by a five-judge Bench of the Supreme Court on September 27th, 2018, decriminalizing adultery. But it can be a ground for divorce under section 13(1) (i) in Hindu Marriage Act. The husband of a married woman can make you a second party in the case and you will also get served with the court summons. In cases of extramarital affairs, the wife shall not be punishable as a partner in the act. Staying abroad, you need to consult with an Advocate of the concerned place or Court from where the summons are issued for guidance and steps.
The Indian Penal Code outlaws "consensual" sexual intercourse between a man and a married woman unless it has the consent of the husband as well. But it is only the man who can be prosecuted on the husband's complaint, not the wife. An extramarital affair or adultery is no longer a criminal offense as per the judgment passed by a five-judge Bench of the Supreme Court on September 27th, 2018, decriminalizing adultery. But it can be a ground for divorce under section 13(1) (i) in Hindu Marriage Act. The husband of a married woman can make you a second party in the case and you will also get served with the court summons. In cases of extramarital affairs, the wife shall not be punishable as a partner in the act. Staying abroad, you need to consult with an Advocate of the concerned place or Court from where the summons are issued for guidance and steps.
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