Fir in adultary

FIR is not  mandatory in case of adultery. The Adulterer's wife  should  directly proceed to the concerned Metropolitan Magistrate or  Judicila Magistrate 1st class and file 497 IPC  Adultery case/complaint agsinst the adulterer accused or if Adulterer's wife  knows or you bring the entire affair to her knowledge she is the righ tperson to file in case of her inability or father may file adultery case against her husband  for living  in adultery with a married woman.If he  is prosecuted amnd punished  after prpoving adultery  beyond reasonable doubt he will be awarded 5 years of jail term with fine.If  you appreciate this reply please click the thank you button on this forum.

Four ninety seven??????? Nah. Giving complaint under 497 is waste. Ulta if u can't prove adultery u go jail pucca under 193 seven years :D:D

If someones wife is living in adultery then the husband of such wife might file complaint u|s 497.but remember only the paramour of the wife would be punished under this section and not the wife

Originally posted by : Gyan Prakash
	Four ninety seven??????? Nah. Giving complaint under 497 is waste. Ulta if u can't prove adultery u go jail pucca under 193 seven years :D:D

 

@ Gyan Prakash,

 

Prosecution could not prove any crime that does not mean that crime did not take place.

Prosecution needs to be proved false first then 193 can be come into the picture. Adultery is a ground of divorce.

 

https://www.facebook.com/RockySmith4Calcutta/

Rocky do you even know what is crime? And you are giving wrong advice that one can get divorce on basis of adultery? Only if adultery is proved beyond doubt, then can it become ground for asking n court granting divorce. When adultery cannot be proved where will the court grant divorce sirr. You can ask divorce saying that woman is in adulterous relationship. But court needs proof, without proof no divorce. And when you lie under oath that your wife has slept with so and so, you will surely end up.behind bars for lying and making false statement under oath or in writing is a punishable crime u.s. 193. So before advising just go through law books. I can see nothing but a disgruntled youth who at the hands of draconian laws has undergone torture. First read Law, I say join LLB course, finish LLB, then come back here and advice.

Its sad that ppl get wrong advice. Making remark which is false against chastity of woman, law sees it as bigger offense. If one fails to prove charges made in their affidavit, that is enough proof for wife to drag you under umpteen sections of law. The honourable supreme court has observed "even if the woman's brassier is open and she was found in such state with another man not known to be her husband in a cabin, that dies not prove adultery, for adultery s*xual inter course should be complete and there should be a video where faces of both the parties should be clearly visible". Hogaya prove adultery with rocky using handycam shooting through keyhole.

Originally posted by : Gyan Prakash
	Rocky do you even know what is crime? And you are giving wrong advice that one can get divorce on basis of adultery? Only if adultery is proved beyond doubt, then can it become ground for asking n court granting divorce. When adultery cannot be proved where will the court grant divorce you idiot. You can ask divorce saying that woman is in adulterous relationship. But court needs proof, without proof no divorce. And when you lie under oath that your wife has slept with so and so, you will surely end up.behind bars for lying and making false statement under oath or in writing is a punishable crime u.s. 193. So before advising just go through law books. I can see nothing but a disgruntled youth who at the hands of draconian laws has undergone torture. First read Law, I say join LLB course, finish LLB, then come back here and advice.

 

I think you must read Section 13 of HMA to understand this. Adultery (obviously if proved) is a ground of divorce. Please also stop abusing people. We are not here to quarrel with each other. Please check the rules of this forum. 

 

https://www.facebook.com/RockySmith4Calcutta/

Even though one can make use of circumstantial evidence, when the Apex Court itself decline to notice adultery, citing completeness of s*xual intercourse and visibility of it, and when such is occurring between four walls, adultery cannot be proved at all. If husband catches them red-handed then surely he can get divorce citing 497. Simply for sake of arguing and further confusing the queriest/readers one should not visit this forum.

bhai jaan take divorce , if two person are happy then y u in middle and taking tension its better to leave, else there might be psooibility of a news paper article that pati/patni ne premi k saath spouse ka game kar deya.