regarding Adultery

any married male/female with out divorce, any male or femal consumate another male/female are adultery either proof of video or audio or reasonable doubts to his/her to adultery, or photo copy, ration card,

Hello!

Its very difficult to PROVE adultry especially if the parteners are cautious not to leave any evidence.

Any photographs, video, audio, witness, solid corroborative evidence will nail it.

Ppl take help of pvt detectives to collect proofs of adultry.

what kind of adultery?

 civil or criminal?

hi,

I wasnt aware there could two kinds. I thought there was only criminal. Could you explain the difference please?

Thanks in advance

if u file divorce on ur wife on grounds of adultery -u have to prove a civil form of adultery- requires lesser degree of proofs

if u want to have adulterer man prosecuted for it , this is criminal adultery-requires proofs beyond reasonable doubt.

Thanks for clarifying that. My original question was only for criminal prosecution aldulterer, as to - "How exactly is adultery proven in court? and how can it be beyond reasonable doubt "

Thanks again for the knowledge.

can't the husband prosecute the wife? can a wife prosecute a husband for adultery?

wife is a consumable , property of husband cannot be prosecuted for adultery, only adulterer man having s*x with wife of another man can be prosecuted.

husband is a free bird , cannot be prosecuted for adultery.

if a man is having adultery with consent of husband he cannot be prosecuted.

497. Adultery.—Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such case the wife shall NOT be punishable as an abettor."

Section 497 unequivocally conveys that the adulteress "wife" is absolutely free from criminal responsibility. She is also not to be punished (even) for "abetting" the offence. Section 497, by necessary implication, assumes that the "wife" was a hapless victim of adultery and not either a perpetrator or an accomplice thereof. Adultery, as viewed under IPC, is thus an offence against the husband of the adulteress wife and, thereby, an offence relating to "marriage".

"497. Adultery.—Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such case the wife shall NOT be punishable as an abettor."

Section 497 unequivocally conveys that the adulteress "wife" is absolutely free from criminal responsibility. She is also not to be punished (even) for "abetting" the offence. Section 497, by necessary implication, assumes that the "wife" was a hapless victim of adultery and not either a perpetrator or an accomplice thereof. Adultery, as viewed under IPC, is thus an offence against the husband of the adulteress wife and, thereby, an offence relating to "marriage".

Premarital, extramarital or unwed s*xual activities are not barred or prohibited hence no offence punishable in any Indian law. A wife’s s*xual intercourse with other/s is also no offence, hence no prosecution or punishment to her. Even her s*x partner also cannot be punished, if was unaware of her wedlock or had s*x with consent or connivance of her husband. Her husband alone can prosecute him but not the police, court or the wife. After divorce also her earning husband has to maintain or pay till she remarries (if unable), even if she is permanently & continuously enjoying s*x with all other/s. Pre marital s*xual intercourses with other/s cannot be a ground to seek divorce under Hindu/Special Marriage Act. Thus a female’s physical s*xual relations with persons/s of her choice (with their consent) is not an offence or prohibited / barred in any Indian law and she is at liberty to enjoy the s*x freely and fearlessly. A male’s physical s*xual relations with any 16+ female (with her consent) is no offence or barred / prohibited in any Indian Law, unless she is in the wedlock of somebody else and is done knowing her wedlock or without her husband’s consent or connivance. Courts have to believe that children born during the wedlock are her husband’s legitimate ones. He is bound to maintain or pay their expenses; till sons are 18+ and daughters are married. Prostitution (commercial s*x trade, offering s*x for monetary gain) alone is an offence punishable in Indian laws.

good question, well answered.

the point you raised, is required to penitrate yourslf  in the detaijs of concerned law (ipc s 497).reed the details - you will understood the matter.

this seems unfair for husbands. even wifes should be prosecuted for indulging in adultery. why isn't anyone doing anything about this?