Whether former husband can file complaint for adultery against adulterer?
The above said section makes it clear that the
husband concerned alone is having the legal right to file a
complaint if the offence is adultery. Of course, in the absence
of such husband, some other person can make complaint in
respect of the said offence under the conditions provided in
the proviso to sub-section (2) of Section 198 of the Code.
When a person is having the status as a husband, he is
aggrieved by the offence under section 497 of IPC and hence
he is having every right to be a complainant. However, once he
obtains divorce from his wife, his status as the husband stands
lost. The word used in sub-section (2) of Section 198 is
'husband' and not 'the former husband'. It is implicit from the
section that the husband alone and not the former husband is
having the right to file the complaint alleging the offence
under section 497 of IPC against the adulterer.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
MR. JUSTICE B.SUDHEENDRA KUMAR
WEDNESDAY, THE 30TH DAY OF MARCH 2016
Crl.Rev.Pet.No. 1220 of 2007 ( )
SIVADASAN,
v
THE STATE OF KERALA
Citation:2016 CRLJ 3306
https://www.lawweb.in/2016/09/whether-former-husband-can-file.html
