who is the adulterer in a matrimonial case

Querist : Anonymous (Querist) 24 January 2010 This query is : Resolved
i am hindu.my wife deserted me one year ago.after that iam living together with an unmarried girl(name:radha) with her &her parents consent without mariiage &withou any record evidences.my wife wants to file an adultry case.on whom she can file acse?who is the adulterer?me?or Radha?what is the punishment?

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A V Vishal (Expert) 24 January 2010
It is not a case of adultery under IPC.

R.R. KRISHNAA (Expert) 24 January 2010
You are the adulterer. Your wife can file case on you

A V Vishal (Expert) 24 January 2010
Krishna

Can you kindly explain under what relevant provision of law, a wife can file a case of adultery against her husband?

Raj Kumar Makkad (Expert) 24 January 2010
Krishnaa! There is no second marriage and merely living with another woman is not an offence as you stated. No crime has been committed by such person so no criminal case can be filed against him.

Had he married during the life time of his first wife then certainly his first wife would have been able to file criminal case under section 494 of IPC either through police or through a complaint under section 200 of Criminal Procedure Code.

Srinath Kondapally (Expert) 24 January 2010
Mr. Vishal is correct.

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"

The female (Radha) can never be an offender of 497 IPC.

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