Adultery
pleasehelp
(Querist) 27 January 2015
This query is : Resolved
My wife has been involved in an extra-marital affair with one of her ex-colleague for long. She has left her matrimonial house 2 years back. Of-late I came to know my wife has been living-in a rented apartment (rented agreement signed in the name of my wife) with her paramour along with and her mother.
I tried to file complaint against them in my local police station. They simply received my complaint without registering any FIR. Since then they have been sitting tight on my complaint. Subsequently the officer who was looking after my complaint suggested the action (living-in with paramour) on part of my wife should not be treated as tantamount to any criminal offence. He added that police should not initiate any investigation against her paramour either. He then advised to lodge a complaint in the police station where my wife rented the flat. While I tried to lodge a complaint in the police station where my wife rented the flat, they asked me to lodge the complaint in my local police station.
I also approached a lawyer. He suggested only paramour can be indicted not my wife as per Indian law.
In this context I am looking for expert advice on the following questions. Can experts please help me?
1. Can I lodge FIR against my wife and her paramour?
2. Can I initiate a criminal suit against both of them? If I can, would I initiate the criminal case?
3. Would that criminal suit fructify in the absence of police investigation?
Dr J C Vashista
(Expert) 27 January 2015
Do you have sufficient evidence of the adultery of your wife?If yes, move for divorce, otherwise, collect evidences and wait for appropriate time.
No other criminal case lies in the circumstances except cheating and defrauding against your wife, which can be lodged in your PS. If the PS donot lodge FIR, move to area Magistrate for directions to PS for the same.
Engage a local lawyer and proceed professionally.
P. Venu
(Expert) 27 January 2015
You can move a criminal action against the live-in-partner, if you have sufficient evidence. From the circumstances made out, only the offence of Adultery (497 IPC) is made out - this is not a cognizable offence and only the First Class Magistrate is competent to take cognizance.
ajay sethi
(Expert) 27 January 2015
no complaint of adultery can be made against your wife . law regards lady as victim . SC has held that no complaint of adultery can be filed against lady even as abettor
T. Kalaiselvan, Advocate
(Expert) 29 January 2015
Agreed with the experts advise that a complaint for the offences of adultery against the wife will not be maintainable. If you have evidences of adultery, why don't you go for divorce on the same ground as well as desertion. consult your lawyer and take decision.
K.K.Ganguly
(Expert) 31 January 2015
1. Send letters to both the police stations under copies to respective S.P.s/D.Cs alleging adultery committed by your wife and her paramour,
2. If police takes no action, file an application under section 156(3) praying for a direction upon the police to investigate and act based on your complaint,
3. You can also file a Writ Petition against police inaction before the High Court of your state,
4. Her paramour will go behind the bars but nothing will happen to your wife,
5. You will be able to get divorce easily on the ground of adultery.
P. Venu
(Expert) 01 February 2015
With due respect to learned expert Shri KK Ganguly, There appears a bar, in terms of Section 198 CrPC, against the the Court taking cognisnace of any offence against marriage except on a complaint from some person aggrieved by the offence.
K.K.Ganguly
(Expert) 01 February 2015
Is not the husband of the lady aggrieved by the offence committed by her paramour?
