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?
padmavathy (Sales co-ordinator) 28 July 2012
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?
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.
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.