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padmavathy (Sales co-ordinator)     28 July 2012

Living with another lady without divorce

Dear Experts,

My husband filed a divorce on me on the ground of adultery and cruelty. But  he is living with another widow lady . shall i file a complaint on him to police. will it work out?

 

 

 

 

 

 

 

 

 



 5 Replies

Guest (Guest)     28 July 2012

Your husband is liable to prosecution for adultery. Adultery being a non-cognizable offence, you have to file a private complaint in the court. Police cannot register an FIR.

1 Like

Ramesh Potedar (Advocate)     28 July 2012

File a private complaint in the court.

dhirendra pateria (law officer)     28 July 2012

husband is living with a widow lady no case of adultry further private application can be filed only by the husband not by wife of anyone 

Guest (Guest)     28 July 2012

I withdraw my earlier reply. I missed reading 'widow' in the original post, hence the error of judgment. No criminal case for adultery is made out against husband as the woman is a widow.


further private application can be filed only by the husband not by wife of anyone

I disagree with this though. A private complaint can be filed by the wife of the husband who engages in s*xual intercourse with a married woman outside the marriage.

dhirendra pateria (law officer)     28 July 2012

 under the Indian Penal Code, adultery an offence committed by a third person against a husband in respect of his wife.therefore only aggreived husband can file private complaint.

Only the husband of the treacherous woman (or a person who had care of the married woman) is a distressed party and he is liable to file a complaint against the third party.


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