can police interfere in an adultry case?
Querist :
Anonymous
(Querist) 24 January 2010
This query is : Resolved
hindu,my wife deserted me one year ago.now i am living together with an un married girl with her parents consent wothout marriage.now my wife wants to file a adultry case on me.how she can file case on me?though giving complaint in the police station?or through lawyer?can police interfere in the adultry cases or in investigation?
A V Vishal
(Expert) 24 January 2010
She can file a case under 494 or 498A or DV Act against you. Further, u/s.498A the kinds of cruelty covered under this section includes following:
(a) Cruelty by vexatious litigation
(b) Cruelty by deprivation and wasteful habits
(c) Cruelty by persistent demand
(d) Cruelty by extra-marital relations
(e) Harassment for non-dowry demand
(f) Cruelty by non-acceptance of baby girl
(g) Cruelty by false attacks on chastity
(h) Taking away children
B K Raghavendra Rao
(Expert) 24 January 2010
Adultery is a criminal offence. A case may be initiated by your wife on a police complaint. The police if on investigation find no truth in the complaint, she may initiate a criminal case against on a private complaint.
Before filing private complaint, your wife may issue you a legal notice in order to give you an opportunity to set right the wrong being done by you.
A V Vishal
(Expert) 24 January 2010
Mr Raghavendra,
Can a wife file a case against her husband for adultery, if yes under what provision of law?
Raj Kumar Makkad
(Expert) 24 January 2010
Vishal! A wife can file a case for adultery against her husband under section 494 IPC.
In the given quarry there is no chance of succeeding because husband has no married with that girl rather he is residing without marriage which is not an offence. Though police can lodge FIR but after investigation if it comes to the knowledge of the police that no alleged crime has been made then FIR can be quashed even.
Srinath Kondapally
(Expert) 24 January 2010
your case doesnot comes under the perview of adultry,if she wants to proceed in such a way she cannot succeed in such a way, it is not at all possible
A V Vishal
(Expert) 24 January 2010
Mr Makkad,
I have used the words "She can", moreover, I have quoted S 494 for Bigamy, 498A under Husband or relative of husband of a woman subjecting her to cruelty and DV Act, further I have quoted what constitutes cruelty under 498A, I never mentioned S.497 which is for the offence of adultery which is not possible in the instant case. Mr Rao has suggested for action under 497 so I have sought a clarification from the learned expert the grounds for proceeding under 497.
Arvind Singh Chauhan
(Expert) 25 January 2010
No case of adultery as 497 IPC can be framed against you, because "the girl with whom you are living is not married". The 497 lays the word " whoever sexually intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man"
As your second query I would state that police can not interfere without the order of court. In your case there may be no complainant as the girl is not married, thus even court is help less according to Sec 198 Cr.P.C.
