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varun sharma (prop)     15 June 2015

Who can register a complaint on adultery

Who can register a complaint on adultery

Is consensual s*x with married women  now devorced at time of complaint can amount to rape

hc said this is not rape this is adultary

in 2009 she was married and time of complaint she is devorced 2014

time of incident 2009  complaint 2014

 



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 5 Replies

saravanan s (legal advisor)     15 June 2015

to my knowledge also its not rape but adultery.

Ompal Aggarwal (Advocate)     16 June 2015

I think time of complaint is not so important what is important is the time when offence was commited. It is adultery as at the time when offence was commited women was married. Either wife of the accused or husband of the married women can file the complaint

saravanan s (legal advisor)     28 June 2015

adultery u/s 497 cant be filed by women. it can be filed on you only by the husband of the woman who is committing adultery with you

Sudhir Kumar, Advocate (Advocate)     31 July 2015

what is your problem.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 August 2015

It is inherent in the construction of Section 497 that the act cannot be both rape and adultery at the sametime. An act of adultery is adultery only if it was without the permission of the husband. In other words only the husband can file a complaint of adultery. A person had relationship with a married woman in 2009. Her husband did not file a complaint in 2009 and for 5 long years up to 2014. Only he knew the reason for not compalining. In 2014 the husband divorces his wife. From the post one has to presume that adultery was not the reason for the divorce. Technically what the accused did in 2009 was adultery even in 2014. What was the reason for the delay? Idi Amin killed a person because the person had s*xual intercourse with his former wife but when she was her wife. But Idi Amin would have killed the person even if he had s*xual intercourse with a woman who had ceased to be Idi Amin's already at the time of the relationship. There are several divorced men who would kill anyone marrying their divorced wife or have s*xual relationship with them.

Adultery is difficult to prove in a court of law even immediately after the event.  The question posed by the author of the post can be question for a law examination.


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