Divorce on the ground of adultery.

Adv. Deepak (Querist) 22 June 2009 This query is : Resolved
Resp. Sir, I have filed divorce case on behalf of my client on the ground of adultery. Adulterer is added as co-respondent. Now, it has come to the knowledge of husband that adulterer has first raped the wife and then blackmailed her to commit adultery. If husband is willing to take wife back for cohabitation, can he take separate legal action against the adulterer. How such an action can be taken in future? If husband withdraws the divorce case, against wife, will it mean that he has left with no ground to take action against the adulterer? Your expert and kind advice is highly solicited. Thanks and regards. Deepak.

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Jayashree Hariharan (Expert) 23 June 2009
Divorce is different from taking action against the adulterer. But be sure you don't want to divorce your wife. If you want to reconcile with your wife, then you have the full liberty to withdraw the divorce case. Divorce case is against your wife and the reason for divorce is the adultery and adulterer. There is no connection between this case and your intention to take action against the adulterer. The action against the adulterer will come under the relevant provisions of IPC.

You will not be affected by withdrawing the divorce case, as far as my knowledge goes. Best wishes.

Adv. Deepak (Querist) 23 June 2009
Respected Madam Jayashree, If I withdraw the case, it will be withdrawn as against both the wife and the adulterer, is it correct? Then in that case, will criminal action taken subsequently, will lie in the Court and will it be successful. You are requested to kindly advise me suitably. Regards.