Action U/s 498 of the IPC

Querist : Anonymous (Querist) 15 December 2010 This query is : Resolved
If wife of a husband after leaving matrimonial home, having signed MOU for Divorce, but not obtained decree of divorce from the Court, start living with another person under live-in-relationship and sharing bed with that person, of which ex-husband has proof, can ex-husband take action u/s 498 of the IPC against that person with whom wife is living under live-in-relationship?

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Adv Archana Deshmukh (Expert) 15 December 2010
An action can lie u/s.497 IPC against the other man for the offence of adultry. The husband can also file for divorce on the ground of adultry.

s.subramanian (Expert) 16 December 2010
i agree.

PALNITKAR V.V. (Expert) 16 December 2010
Why you want to do that? You have already started residing separate on the basis of MOU of Divorce. Do you want to harass her? Dont you think that if you take any step against her, that will not be a boomrang?

Querist : Anonymous (Querist) 16 December 2010
Because Even after signing MOU she has filed case u/s 13(1)(a) for cruelty and demanding alimony and maintenance. And now she is living with someone else. I don't want to harass her.

PALNITKAR V.V. (Expert) 16 December 2010
If she has initiated the war, then you would be justified in counter attack

Querist : Anonymous (Querist) 16 December 2010
Thanks for the reply. Actually I was in good faith signed MOU & returned her all her belongings which she had brought at the time of marriage and waiting for her to come forward to file petition for divorce under Mutual Consent.

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