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D (Mgr)     29 December 2011

Adultery

Hi Experts,

 

Could you please guide me what are the consequences of "Adultery" according to IPC under Hindu Marriage Act? How can it effect, if husband proved to be in adultery? Are SMSes are good enough proofs for adultery??

Awaiting your opinion and suggestions.

Thanks

 

D



Learning

 12 Replies

tarun (lawyer)     29 December 2011

adultry is defined under section 497 IPC, it is a crime against the rights of husband is crime by the person (lover of wife) and it excludes any action against wife except following:-  husband can file divorce on this ground, this is non cognizable offence and complaint can be filed by husband, if adultry proved husband can obtained divorce under section 13 of HMA act, and if adultry proved wife has no right to get maintinance  U/s 125 CR.PC from her husband, no sms are not strict proof of adultry. 

tarun kalra adv, 

09996311003,

tarunkalra12001@gmail.com

1 Like

sridhar pasumarthy (ADVOCATE)     29 December 2011

Dear D,

Adultery is a ground for divorce under Hindu Marriage Act.

Adultery is not possible to be proved by mere  SMS.  It needs direct evidence.

1 Like

galsober@yahoo.co.in (def)     29 December 2011

Very very difficult to PROVE:(

1 Like

(Guest)

Are you Husband or Wife?
Adultry law meant only for Husband / Men.
You can Book wife in Adultry, But there would be no Punishment. and She will be Aquitted.
 

Shantanu Wavhal (Worker)     29 December 2011

adultry is a ground for divorce, if proven against wife.

Shantanu Wavhal (Worker)     29 December 2011

strict proofs are required in criminal cases.

sridhar pasumarthy (ADVOCATE)     30 December 2011

Dear wantolive,

497 I.P.C. will not apply to women.  So no question of jail to wife.

 

N.K.Assumi (Advocate)     31 December 2011

See the posting of Bombay High Court "Need to bring women under Adultery law": In fact that section 497 of the Indian Penal Code is a blot in our Statue Book, and must be efface once and for all.

N.K.Assumi (Advocate)     31 December 2011

Adultery is a Sin no doubt, but the instinct of man and a woman is such that "Some Sin are worth Commiting it" so just efface that Section 497 IPC from the statue Book, as it is an act which can not be control by the edict of Law. It is like talking about liquor prohibition or imposing Liquor Prohibition by statue.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 January 2012

SMS are valid proof, but what does they tell?

 

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
3 Like

me (manager)     08 January 2012

marriage is estraged  that is husband and wife living seperately can the husband still file for divorce  for adultry?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 January 2012

If husband has proof of wife being in adultrous relationship, he can file for divorce.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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