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Siva (life)     01 December 2010

Punishment for Adultery

Hi, what is the punishment for adultary. If a man's adultery is provable. If the man proves, he is seperate for 5.5 years from his wife and divorce proceeding in progress.


1. Under what sections the wife can file case against him in police station.


2. If the mans adultery is provable, what panisment the court will provide after his 5.5 years of seperation. 


Please reply. Kind thanks Siva.



Learning

 16 Replies

adv. rajeev ( rajoo ) (practicing advocate)     01 December 2010

Till the court decree if man commited any adultery he can be punished for term which may extend to two years, or with fine or with both.
 

adv. rajeev ( rajoo ) (practicing advocate)     01 December 2010

After the decree please add " for divorce"

Dharmesh Manjeshwar (Advocate/Lawyer)     01 December 2010

 

Section 497 of the IPC.

Adultery.--Whoever has s*xual 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 s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion 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.

G. ARAVINTHAN (Legal Consultant / Solicitor)     01 December 2010

Dharmesh is right. upto five years imprisonment punishment 

Arvind Singh Chauhan (advocate)     01 December 2010

I think he can be punished only on the complaint of the victim and the victim here is, the husband, with whose wife accused is engaged.

Siva (life)     01 December 2010

I think the issue is diverted. The man is having adultary with another girl and not with other man wife.

The man's wife proves his husband adultary with another girl. Is till the IPC 497 applies to it?.

manjit kalra (system eng)     01 December 2010

three conditions arise out of above scenario

1.if man has s*x with an unmarried woman : no punishment , only he gets reward.

2.if this man has s*x with a married woman and wife of man objects: still no punishment, only he gets reward

3.if this man has s*x with a married woman and her husband objects and proves it beyond doubt: man gets punishment for adultery

in nutshell only husband of a married woman can get a man(whether married or unmarried) punished under ipc.

wife has no such right if her husband commits adultry.

hurray

Syed Adbul Khader Jeelani (Advocate 9642388507)     01 December 2010

At best this will aggrevate the divorce petition of wife.


(Guest)

correctly replied

RAJASEKHAR.TULASI (advocate)     02 December 2010

ur clients must be loving u for your easy way out methods that you  are providing to them.great

Arup (UNEMPLOYED)     03 December 2010

SEC 494 OF IPC & SEC 198 (MAY BE 197) OF CRPC & 'WHO CAN COMPLAIN, IN MATRIMONIAL OFFENCES' GOVERN YOUR QUARIES.

FOR SEC 494, SOLEMNIZATION OF (SECOND) MARRIAGE IS ESSENTIAL.

PUNISHMENT MAX 7 YEARS.

Arup (UNEMPLOYED)     03 December 2010

Is till the IPC 497 applies to it?.

YOU ARE RIGHT MR SIVA , NOT 497 BUT 494.

Arup (UNEMPLOYED)     03 December 2010

MR SIVA YOU ARE TALKING ABOUT BIGAMY (494) NOT ADULTRY (497).

Arup (UNEMPLOYED)     03 December 2010

MR SIVA,

" If a man's adultery is provable. If the man proves, he is seperate for 5.5 years from his wife and divorce proceeding in progress.1. Under what sections the wife can file case against him in police station."

IT IS BIGAMY NOT ADULTRY.

THESE CASES CAN NOT ACCEPTED BY THE POLICE STATION DIRECTLY, UNTILL MAGISTRATE ORDER POLICE TO INVESTIGATE. ONE HAS TO GO DIRECTLY TO THE MAGISTRATE FOR FILE A CASE.

IF ANY POLICE STATION REGISTERED A CASE AGAINST COMPLAIN OF WIFE, WITHOUT MAGISTRATE'S ORDER - IT IS CHALLANGEABLE..


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