497 adultery

Its a non cognizable offence. You have to file a complaint in the JMFC's court for that. I think only Andra Pradesh have made a state amendment and made it cognizable there. Everywhere else it is a non-cognizable offence. In a case of adultry the paramour of the wife is the accused. The wife cannot be punished for adultry.

For christians, you can file a petition for dissolution of marriage on the ground of adultry u/s. 10 of the Indian Divorce Act. Consult a local advocate.

I agree with Adv.Archana

Rightly adviced by Adv. Archana. Needs no addition to it.

Thank you Adv. Archana and others. It's been seven years of marriage and  I have two sons one is 6 yrs and 4 yrs my wife wants a MCD and maitaince of 20K which is half portion of my earning salary.

Section 10 A gives only judical seperation and not a divorce. Neither of the party can marry again.

Under which section can we file MCD.

I'm from hyderabad and want to take legal court/police proceeding for the man who has spoilt my marriage under section 497 and also claim damages to the martial relationship. I have also found that this person practices withcarft and call himself BABA.  

I also had another question as i'm from Hyderabad and 497 is a cognizable act in Andhara Pradesh. What are the steps can i take for the police to take action for futher enquiry and proceed for legal proceedings.

S. 10A is for divorce by mutual consent, it was introduced by the Indian divorce amendment act, 2001. You can file under S. 10A if you had been living saperately for 2 years preceding the date of filing.

Otherwise if you have good evidence of adultery, you can file u/s. 10 making the adultreror a co-respondant and claiming damages from him u/s. 34 IDA and the said amount can be settled towards the maintainance of the wife and children u/s. 38 IDA.

As far as s. 497 IPC is concerned, if it is cognizable in AP, you have to file an FIR with the police and co-operate with them in the investigation. Provide them with the facts of the case, name and address of the adultreter. The police will do the rest.

497 IPC is a blot on the statue book and require immediate repeal from the statue book.