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jp   02 June 2015

Adultery

Me and my wife have been married for 20 years and have 2 children. Recently I became suspicous of my wife and snooped on her phone and recorded her audio of the actual s*xual act with other married man. (only audio). When confronted my wife has admitted it and is feeling very guilty. ( I have recorded her confession). My question is on basis of her confession audio and prevoius audio clips of the actual act can I file a criminal complaint against the other man under section 497 IPC. ( I know that person). What is the procedure? Will it really lead to any punishment or not?



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 7 Replies

ANAMIKA VICHARE (LAWYER)     02 June 2015

This is very serious matter.   But before filing any privatecomplaint, yo both sit together n discuss, wy she did that.....

You can file pvt complaint against yr wife n thatperson also for adultery u/s.497of IPC....but the procedure shall consume time, energy n money, YOu have to think over that aspect n your family will be totally disturbed

SAINATH DEVALLA (LEGAL CONSULTANT)     02 June 2015

Repeated query with a different tag line

SuperHero (Manager)     03 June 2015

  1. Why don't you file a Case on your wife? That she had a s*x with other man....
  2. Why only the other person. Did he kidnap her or threaten or blackmail her and had s*x???
  3. If you file on him, include her also, both has committed the crime..
  4. For Every Action there will be an equal and Opposite reaction.

jp   03 June 2015

But I heard 497 punishes only males

SAINATH DEVALLA (LEGAL CONSULTANT)     03 June 2015

Section 198 and 497 of Cr.P.C

Under Section 198 and 497 of Cr.P.C, if the husband of the adulterer wife does not wish to file 497, then can any other person apart from the husband file 497 against the lover even if the husband tells the court that he does not want to file charges against the lover. Also who can be termed as 'Some person who had care of the woman' (2) For the purpose of sub-section (1), no person other than the husband of the woman, shall be deemed to be aggrieved by any offence punishable under section 497 or section 498 of the said Code: Provided that in the absence of the husband, some person who had care of the woman on his behalf at the time when such offence was committed may, with the leave of the court, make a complaint on his behalf

jp   03 June 2015

So what is the procedure to file a complaint under section 497? Do I go to police or court? And which police station or court? What happens after that? I will tackle my wife in some other way too. So please give me advice regarding 497 IPC only. Is the admission by  wife sufficent for the other man to go to jail?

SAINATH DEVALLA (LEGAL CONSULTANT)     03 June 2015

U have to file it in the court,engage a local lawyer


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