how to prove 497

Anurag Verma 15 April 2018

or marriage itself proves s*xual intercourse happened between them

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 16 April 2018

You are confusing between Sections 494 and 497 of IPC. If the wife marries another man it will come under Section 494. Evidence of marriage is the evidence. Sexual intercourse is no evidence of marriage. It will come under Section 497 adultery. In adultery man is punishable under 497 , not the woman. In the particular mentioned by you the wife is punishable under 494.

Anurag Verma 17 April 2018

Sir I wanted to clear. That in 497 do we have to prove that s*xual intercourse happened between them. If they have got married. Will it be a valid proof of s*x happens between them or I have to prove that they had s*xual intercourse.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 25 April 2018

The second marriage and living together would be sufficient. But the original husband has to contest it in court to get the second husband punished. Court will have to decde and there are precedents.

R Trivedi (advocate.dma@gmail.com) 25 April 2018

The primary problem is second marriage which is null and void without divorcing the first one. And yes in this case 497 may not succeed, there is no law or not even presumption that they would have.....a simple denial, if no proof against, is sufficient. You can shout loudly that they stayed together..blah blah...but 497 fails. And my dear friend hats off to her, not legally, but for the guts. She must have thought why waste 5 years in divorce. So let her live and secure MCD and you also carry on.

R Trivedi (advocate.dma@gmail.com) 25 April 2018

The primary problem is second marriage which is null and void without divorcing the first one. And yes in this case 497 may not succeed, there is no law or not even presumption that they would have.....a simple denial, if no proof against, is sufficient. You can shout loudly that they stayed together..blah blah...but 497 fails. And my dear friend hats off to her, not legally, but for the guts. She must have thought why waste 5 years in divorce. So let her live and secure MCD and you also carry on.

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