497/494
B Pradhan Singha
(Querist) 11 September 2012
This query is : Resolved
dear sir,
1) Can a man file a suit u/s 497 (adultery) in criminal code for punishment to the accused, not for as a ground of divorce?
2) Can he seek divorce using this punishment order u/s 497 IPC?
3) In a case of bigamy u/s 494 IPC,(through FIR) complainant disclosed his believe and logic before the court that the concrete evidence of 2nd marriage is laying with a particular person(like register/kaji/priest) but the said person didn't agree to provide such documents.
Then, can the court may issue summon to the said person /search warrant to police to produce such documents before court for clear picture of the dispute?
or Is it the only liability of complainant to provide evidence by himself only to established his complain?
Thanks
Adv.R.P.Chugh
(Expert) 11 September 2012
1. Yes a person can very well prosecute the paramour for adultery and not seek divorce on the grounds of adultery. These two proceedings are seperate and have nothing to do with each other.
2. A successful adultery prosecution can help you in divorce case, but is not conclusive and has only a persuasive effect.
3. No in such a case the court can take coercive action like contempt/warrants/proclamation against such person.
B Pradhan Singha
(Querist) 11 September 2012
please narrate 3no. point in brief.
regards
Arvind Singh Chauhan
(Expert) 11 September 2012
under sec 91 Cr.P.C court can order to any person for the production of such document or other thing. Court can adopt coercive method to call him as witness or may issue warrant if he ignores court's order or court may call record of office under his authority etc.
