Filing Adultery Case

Thank you very much sir for you response. So it means that if a person comes to know of such an offence somewhere in the year 2009, can still take criminal action against the 2 involved , during the year 2011.

But you must have evidence otherwise it will boomrang on you sir.

Thanks to you too sir. Hope a self admission will be a valid document.
 

Self-admission by whom? The man or the woman or both.  If the man admits he will be punishable under IPC. So he may not. If the woman admits the man can say that it was false with some motive. You have only asked about criminal action and not divorce. Divorce is not a criminal action. Under IPC a woman is not punishable for adultery. However,if what you want is only divorce you can try mutual consent. If you want to punish the man under law, unless their relationship is still continuing it will be difficult to prove a one time affair which happened two years ago.

if man was still living with his wife as husband after knowing it , this amounts to condonation of offense and hence u cannot file it.

give more details as facts are not there, who wants to file on whom , who wants to self admit. wat relief petitioner seeking?

no one can be punished for self admission in a ceiminal case.

Section 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 rap, 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 be punishable as an abettor.

"without the consent and connivance of that man" is significant here. If adultery was a one time action and the husband did not take any action  for 2 years, the accused can claim that he did it with the consent of the husband.

What is the quantum of punishment for the wife as abettor? 

Thanks Madam for you interest in the issue. It was surely not a one time affair, was getting over for quite some time, when doubted, an argument arised, during which it was openly accepted by the lady, saying " YES I HAVE A RELATION WITH THE PERSON, WE HAVE LIVED TOGETHER". She spoke to the extent which can not me written in public.

This conversation was recorded by her husband without knowledge, which becomes her self admission.

Now, the question might arise why this guy was sitting quite for 2 years ? Because the lady, thinking she is acting smart, filed a petition against this guy with the very common weapon of CRUELTY, to get rid of this guy. Not present on most of the hearings & dragging the issue.

How long back was the self-admission?  Since she filed a case of cruelty against the husband, I think the self-admission had been long ago. I believe she was not present on most of the hearings. Were you present? Did you file any affidavit or statement in the court regarding her adulterous relationship?  Did you present the recorded self-admission in the court? If so did she give any response?  If you present the recording hereafter she may say, as she had already filed a charge of cruelty against the husband, unable to bear the harassment, in a fit of rage she said so. I suspect she has a clever lawyer to advise her.

If her affair is still continuing, my suggestion is that you pretend to be quiet. She may think you had condoned her. Appoint a private detective and get solid evidence against her and the other guy

NO time limit.

Though Sec: 497 IPC says that the woman is punishable as an abettor, no type nor quantum of punishment has been specified. Nowhere else in IPC has the punishment for the woman has been specified either. Sec: 114 say that the punishment for the abettor is same as that for the accused. But the definition of an abettor is “one who instigates another to do a crime”. In adultery a woman cannot be considered as an instigator. Expert legal opinion is that a wife cannot be punished for adultery. There is a reason for this. When IPC was drafted some 170 years ago, Lord Macaulay is stated to have remarked “a Hindu woman is a miserable creature, with no control over herself. Hence she should be spared any punishment”. I think the last sentence under Sec: 497 were added much later, when Hindu woman was no more a miserable creature. But it was done without application of mind as to what punishment.

If one wants, the other man can be punished, but not the wife. At the most one can get a divorce from the wife.

Dear Sir

Wife committed adultery and proved with evidence.

At judgement stage now but defense has filed a judgement that the man can be acquitted as wife was nit added as a witness.

pls reply