Anup Rungta (individual) 12 August 2014

How to save a person from adultery charge

Boy A [unmarried] is missing from home since 3 days. After some time it was found that the girl [married] whom A loved is also missing from the same day. The girl has left a note saying "I am leaving home on my own will and no body is responsible for this."

A- boy

W - Wife

H - Husband

Is section IPC 497 applicable and can be lodged by H? If yes, what are the grounds where A can fight a case and win the Case .

My possible reasoning:

* Is there a way to prove no s*x happened between A and W, so that section 497 does not hold good and is ruled out.

* If W says no s*x happened with A, will it be sufficient to rule out IPC 497 ?

* Since A and W are in love, is it possible to get a divorce petition filed between W and H , thus A can marry W and get saved as well be happy.

* My understanding, The adultery clause was introduced to save the ancestral property control of the husband within H's blood line. Is it possible to rule out IPC 497 in some way.

Will be helpful with your responses. Kindly respond with your thoughts to save A and tips to rule out possible clauses that can be filed by H .

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2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 12 August 2014

Criminal intercourse with a married woman tended to adulterate the issues or children being born out of such a relation, thereby burdening the woman’s husband to support and provide for ‘another man's children’. The ‘purity of bloodline’ of the children born out of such adulterous relationships is lost, and the chain of inheritance (of property) gets altered due to such relations.

It was to prevent this mischief of altering the chain of inheritance that section 497 IPC was introduced. The idea was to secure the reason behind marriage (i.e. to ascertain the purity of a child), so that inheritance is not altered but remains with the husband of the woman concerned.