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In connection with adultary

(Querist) 24 September 2009 This query is : Resolved 
Respected sir,

I would like to know can i file case of adultry against my wife"s friend, as i cannot file a case of adultry against my wife. If yes, then what i have to do, i have to file an complaint in Police Station or can i file the case direct in the hon'ble court. If in the PS, then which PS, the PS near to my place of residance or the PS juridiction in which the person belongs. Call/SMS records or sufficient for the evidances or any more thing , u sugesst me better. Which cAZn help me in getting sole custody of my son and for the dirvoce, which i am unwilling to give.
Thanks

Thanks.riven
PARTHA P BORBORA (Expert) 24 September 2009
U MAY FILE A CASE BEFORE THE CJM/MCJM AGAINST UR FRIEND. BUT IT IS VERY DIFFICULT TO PROVE ADULTORY IN COURT. SO THINK TWISE BEFORE FILING THE CASE IS THERE IS NO DIRECT EVIDENCE.riven
adv. rajeev ( rajoo ) (Expert) 24 September 2009
U can file police complaint against ur wife's frnd, but it is difficult to prove. They are police people they will grab money like anything from you, some times it irritates.
Jurisdiction will be your local police station.
U cannot file a case against your wife's frnd in the court. You will have seek a divorce from your wife taking relation of your wife with her frnd, but mind it, it is very difficult to prove without the cogent evidences, without proof don't go for it, it may be pretty penny for you.riven
PJANARDHANA REDDY (Expert) 24 September 2009
DEAR EXPERT,
I WANT TO SHARE AN ARTICLE I COME ACROSS ABOUT ADULTARY-497 IPC




ADULTARY IN INDIA—PRESENT SENARIO- IPC 497

Adultery means voluntary sexual intercourse of a married person other than with spouse. The legal definition of adultery however varies from country to country and statute to statute. While at many places adultery is when a woman has voluntary sexual intercourse with a person other than her husband, at other places adultery is when a woman has voluntary sexual intercourse with a third person without her husband’s consent.

Though the modern trend is to decriminalize adultery , historically, many cultures have regarded adultery as a crime. Jewish, Islamic, Christian and Hindu traditions are all unequivocal in their condemnation of adultery. In most cultures both the man and the woman are equally punishable. However, according to ancient Hindu law , in ancient Greece and in Roman law , only the offending female spouse could be killed and men were not heavily punished.

In India the offence of adultery is punishable under Section 497 of the Indian Penal Code (IPC), 1860. As it stands, this Section makes only men having sexual intercourse with the wives of other men without the consent of their husbands punishable and women cannot be punished even as abettors. The Report of the Malimath Committee on Criminal Justice Reforms and the 42nd Report of the Law Commission of India recommended redefining Section 497 to make women also punishable for adultery. The Central Government accordingly has sought the views of all the 30 states in the country regarding the implementation of the said recommendations. This paper attempts to establish the redundancy of Section 497 in the light of Personal and Matrimonial laws and changing social conditions subsequently making a case against amending and for completely deleting Section 497 from the IPC.

An Analysis of Section 497
Section 497 penalizes sexual intercourse of a man with a married woman without the consent of her husband when such sexual intercourse does not amount to rape. That is, it draws a distinction between consent given by a married woman without her husband’s consent and a consent given by an unmarried woman. It does not penalize the sexual intercourse of a married man with an unmarried woman or a widow or even a married woman when her husband consents to it. In case the offence of adultery is committed, the husband cannot prosecute his unfaithful wife but can only prosecute her adulterer. However, since the offence of adultery can be committed by a man with a married woman only, the wife of the man having sexual intercourse with other unmarried women cannot prosecute either her husband or his adulteress. What is interesting here is that the section itself expressly states that the unfaithful wife cannot be punished even as an abettor to the crime. The offence of adultery therefore is an offence committed against the husband of the wife and not against the wife.

The Constitutionality of Section 497 was challenged before the Supreme Court under Article 14 on the grounds that it makes an arbitrary discrimination based on sex in the cases of Yusuf Aziz , Sowmithri Vishnu and V. Revathi .

In the case of Yusuf Aziz the Court ruled that the immunity granted to women from being prosecuted under section 497 was not discriminatory but valid under Article 15 (3) of the Constitution.

In the cases of Sowmithri and V.Revathi it was held that it is the policy of the law to not to punish women for adultery and policies could not be questioned. Secondly, that it was not contemplated for a husband and a wife to strike each other with weapon of criminal law. And that adultery therefore was an offence against the matrimonial home and not either against the wife or the husband.

It must be mentioned here that all of the above decisions of the Supreme Court had restricted their scope to the determination of Constitutional validity of Section 497riven
Raj Kumar Makkad (Expert) 24 September 2009
I agree with Rajeev and main theme of the article.riven


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