Sexual crime by wife
Querist :
Anonymous
(Querist) 07 July 2011
This query is : Resolved
If anybody's wife is indulged herself in sexual relation with any third person,then what is legal remidy against her and that third person.
prabhakar singh
(Expert) 07 July 2011
THE "HUSBAND"CAN SUBJECT TO PROOFS CHARGE HER OF OFFENCE OF ADULTERY BY FIR IN CONCERNED POLICE STATION"
Guest
(Expert) 07 July 2011
remedy is to seek divorce and the women(wife) not punishable in indian law
the third person is liable for offence u/s 497 of IPC for adultery.
The private complaint could be lodged only husband and non else.
Ravikant Soni
(Expert) 07 July 2011
It's Adultery. But In this case offender is such third person male who do intercourse with wife.
More I rectify Prabhakar Sir, It is a non cognigible offence therefore only thru way of complaint can a criminal case be instituted.
The police don't have any power to register a case of adultery.
Ravikant Soni
(Expert) 07 July 2011
In such case the wife shall not be punishable as an abettor.
Ravikant Soni
(Expert) 07 July 2011
Meaning of adultery is deferent for the purpose of Divorce. For the purpose of divorce it can be a ground.
PALNITKAR V.V.
(Expert) 07 July 2011
A hot debate is going on as to whether a woman should be punished for adultery at par with a male or whether the offence of adultery should be deleted from the penal code. A case on these points is going on in Bombay HC. Anyway, at the moment a woman can not be punished under penal code for adultery. But that can be a ground for having divorce.
Gulshan Tanwar
(Expert) 07 July 2011
What about polyandry?
which is prevalent in state of Himachal Pradesh and especially in the sub division Pandouh....
mahendrakumar
(Expert) 08 July 2011
even the third person cannot be punished,unless a complaint emanates from the women stating that she was forced.
R.Ramachandran
(Expert) 08 July 2011
I think Mr. Mahendra Kumar is not right. The Adultery complaint can be lodged only by the husband of the woman against the third party. If the woman complaints, then it may turn out to be a charge of rape and certainly not adultery.
mahendrakumar
(Expert) 10 July 2011
on a technical point,Mr.Ramachandran may be right. However,since the "adultery" has occured with the cooperation of the women,how is it going to be prooved?
Advocate. Arunagiri
(Expert) 10 July 2011
Yes,it is true, it is very difficult to prove the adultery.
