Jurisdiction

Hi

I would like to let you know that the offence apparent from the information you have provided is of Adultery. However, a criminal case against a woman cannot be filed u/s 497 of IPC as the section only provides for an offence committed by men. Therefore, kindly mention as to what sort of Criminal Case you have filed against your wife.

Also, her second marriage is invalid as she is already married to you and the same is provided under the provisions of the Hindu Marriage Act (provided both of you are governed by Hindu Law). If you wish for a divorce, adultery is a ground for divorce, as is apparent in this case, and under the Hindu Marriage Act, there are several options where you can file the case.

You can file for Divorce in the local family court of the area where:

1. the Marriage took place and got registered, Cuttack.
2. you last resided together as a couple, i.e, Pune.
3. you presently reside, or
4. your wife presently resides, Chennai.

You can also file the criminal case of adultery against the guy she married u/s 497 and that would probably be eligible to be fiiled in Chennai itself. So feasibly, if you're already comfortable with filing a suit in Chennai, you could file both suits there as a matter of convenience, but again, the choice is completely yours and I would like to suggest you to discuss this with your legal counsel.

Regards