Agreement of consent.
Supratic
(Querist) 21 August 2017
This query is : Resolved
497. Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.
If this is the case, can we legally sign a letter of Consent to the following effect?
DEED OF CONSENT
THIS DECLARATION OF AGREEMENT (the “DEED”) is made on this – date …….. April 2015 Between XXX (hereinafter called the Applicant), YYY (hereinafter called the Husband) and __ZZZ (hereinafter called the Wife)
Whereas the Husband and Wife has a Child CCCC, Date of Birth (hereinafter called the Son).
Whereas the Husband has been informed that the Applicant and Wife is in love with each other under mutual consent, and like to share life together in every sense.
Whereas the Husband has been informed that the Wife is not willing to share physical relationship him.
Whereas the Husband has been informed that he can claim divorce any time he wishes.
Whereas the Husband has been informed that the wife will not claim any alimony in case of divorce.
Whereas the Husband has been informed that the Son will retain his legal rights from his father. The mater of custody and monitory aspects will be discussed when divorce is filed.
Agreement:
1. Husband will not claim his conjugal rights.
2. Husband will not file case against the Applicant as per Section 497 of IPC at any stage of future life for any type of his relationship with the Wife and this Agreement is in other words is a Consent to the Applicant and the Wife.
3. Wife plans to stay with the Husband and Son with the sole objective of looking after the Son’s education as may be required and mutually agreed.
4. Husband is free to look for his partner, and can claim divorce any times he likes.
