Adultery
karan
(Querist) 29 March 2013
This query is : Resolved
can a widower live in with a married womwan who has abandoned her husband and living separately for last two years.can her husband suit a case against him.
Anirudh
(Expert) 29 March 2013
THE WOMAN'S HUSBAND CAN LODGE A CASE AGAINST THE WIDOWER.
V R SHROFF
(Expert) 29 March 2013
Husband can prosecute widower. Relations are illegal, immoral,anti social, must avoid.
Guest
(Expert) 29 March 2013
Of course, if the husband has a clear proof of adultory. There is a difference between merely "living-in" and "adultory" while living-in.
karan
(Querist) 29 March 2013
i think it is not the case of adultery since man is widower
prabhakar singh
(Expert) 29 March 2013
So you are the widower looking for a clean chit.
According to Section 497 of Indian Penal Code a person is guilty of adultery is a crime.
Essentials of Adultery:- The prosecution must prove the following things for getting convicted an accused on a charge of adultery-
That the accused had sexual intercourse with the woman in question;
That she was the lawful married wife of another man;
That the accused knew or had reason to believe that she was the lawfully married wife of another man;
That the husband of the woman did not consent to or connive at such intercourse;
That the sexual intercourse so had did not amount to rape.
Your single defence may be:
"That the husband of the woman did not consent to or connive at such intercourse"
Devajyoti Barman
(Expert) 29 March 2013
Widower is liable for prosecution u/s 497 IPC.
karan
(Querist) 29 March 2013
kindly refer to this news bite and then explain
"Can a married woman lawfully live with her lover against the will of her husband? The Rajasthan High Court says yes.
In a judgment on Wednesday, the court allowed a married woman, Manju, to live with her lover, Suresh. “It is improper to pass an order to hand over any unwilling married woman to her husband with whom she does not want to stay,” said justices GS Mishra and KC Sharma. The court also said that nobody should consider an adult woman as a consumer product.
While dismissing a habeas corpus petition filed by Manju’s husband, the court came down hard on the misuse of habeas corpus petitions by people who want to thrust their will upon adult women without their consent. The court said the husband was free to approach the family court for divorce.
Commenting on the judgment, senior Supreme Court advocate and noted women’s rights activist Indira Jaising said, “Though it sounds strange, I am in complete agreement with the high court.”
"At the end of the day an adult woman has a right to decide whom she wants to live with. She can’t be forced to go with her husband against her will," Jaising said.
In this case, Jaising said, it is clear that the woman was prepared for divorce. She also felt that Manju’s husband had abused the habeas corpus petition because such petitions were generally filed when somebody is actually missing.
Asked whether it amounted to adultery, Jaising clarified that the woman could not be prosecuted for this offence under the law. As for the other man, she said, “it seems he is ready to face that”.
Anirudh
(Expert) 29 March 2013
I know the case and the news item long before you posted it here.
BUT HOW DOES THAT HELP YOU?
Raj Kumar Makkad
(Expert) 31 March 2013
You have not told about your status in the query so nothing should be commented about yourself except that the husband has got every legal right even after passing the judgment by Rajasthan High Court to initiate criminal case under section 497 IPC for such widower who is indulged in such immoral and illegal activities.
