ritesh (project manager) 21 March 2016

Ipc 497 related help required

Dear Team,

I need your opinion regarding IPC 497 which is basically for adultary.

Some basic Information for the same.

I was out of the home during 2008 to 2012 in which my one of the closed friend who is much younger then my wife ( age gap is approximate 13 year ) had made physical relationship with my wife during 2009 to 2012.

in 2012 i came to know about this and fight with my wife and that b*st*rd.

now present time my wife had filed FIR against that b*st*rd under IPC 493,420, 323, 506(1) which shows that that boy made physical relation with her. and some other factor like burn my child with knife property and all also invalved in that case. and also police made some inquiry but before filling chargesh*t he file quashing application agaist police and my wife in Highcourt which is still pending.

also two witness are there

so please syuggest once i file 497 case against that b*st*rd

1. what is the benifite of my wife statement

2. what kind of statement from witness is helpful as they can confirm only his presence in my home from midnight to morning ( here already one witness has statement given in court and identified that boy infront of judge)

3. is divorce case is must in this IPC?

4. What advantage of my chidrens witness

Regards,

Reply Follow

4 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 21 March 2016

Sir,

She can become a witness, child can also become a witness and the testimony of both will be helpful for you.

Warm Regards

Kapil Chandna Advocate

9899011450

Vijay Raj Mahajan (Advocate) 21 March 2016

Your wife and other independent witnesses including your children will be great help in criminal complaint under section 497 IPC. The divorce issue is separate issue nothing to do with criminal complaint under the Indian Penal Code. You can file for divorce against your wife on the ground of her adulterous relationship with another man without your knowledge and consent, but if after coming to know about this incidence you continued husband wife relationship with her it will be considered the act of condonation on your part for her adulterous acts that will debar your getting marriage dissolved.

ritesh (project manager) 21 March 2016

Thanks both of you and your kind reply.

I had ask as in this IPC need divorce is must? as i have two kids we are resettled our life again but now me and my wife both want to see that boy behind the bar. so keeping this pl reply and as 497 is based on adultary, so eyewitness of s*xual relationship or any proof,

but my wife can accept all relationship as and when reuired in court. also stated above two witness for presence in midnight can be proove..... so ploease guide as i am not going to plan divorce.