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SamHarry35 (Others)     08 July 2012

497 adultery

Complete procedings for section 497. Its a cognizable act. Can a FIR be launched for further proceedings. Or  file a suit in the court for the case procesding for a punishment upto 5 yrs.  Wife has commmited adultery living an estranged live for last 4 months and had an abortion. She has confessed the truth and disclosed the person with whom she has commited adultery which has been recorded through phone coversationa and had shown the pregnancy scans and hospital details she has gone for an abortion. Under what section MCD can be filed for christian marriage.  



Learning

 11 Replies

Adv Archana Deshmukh (Practicing Advocate)     08 July 2012

Its a non cognizable offence. You have to file a complaint in the JMFC's court for that. I think only Andra Pradesh have made a state amendment and made it cognizable there. Everywhere else it is a non-cognizable offence. In a case of adultry the paramour of the wife is the accused. The wife cannot be punished for adultry.

For christians, you can file a petition for dissolution of marriage on the ground of adultry u/s. 10 of the Indian Divorce Act. Consult a local advocate.


(Guest)

497 being a non cognizable offence, no FIR can be lodged for it. A private complaint has to be filed. The wife cannot be punished for adultery as the presumption of law is that the wife who indulges in adulterous relationship is the victim and not the offender. MCD would lie under section 10A of Indian Divorce Act.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     08 July 2012

I agree with Adv.Archana


(Guest)

Rightly adviced by Adv. Archana. Needs no addition to it.

1 Like

(Guest)
Then what about How to punish the boy.?

SamHarry35 (Others)     09 July 2012

Thank you Adv. Archana and others. It's been seven years of marriage and  I have two sons one is 6 yrs and 4 yrs my wife wants a MCD and maitaince of 20K which is half portion of my earning salary.

Section 10 A gives only judical seperation and not a divorce. Neither of the party can marry again.

Under which section can we file MCD.

I'm from hyderabad and want to take legal court/police proceeding for the man who has spoilt my marriage under section 497 and also claim damages to the martial relationship. I have also found that this person practices withcarft and call himself BABA.  

SamHarry35 (Others)     09 July 2012

I also had another question as i'm from Hyderabad and 497 is a cognizable act in Andhara Pradesh. What are the steps can i take for the police to take action for futher enquiry and proceed for legal proceedings.

Adv Archana Deshmukh (Practicing Advocate)     09 July 2012

S. 10A is for divorce by mutual consent, it was introduced by the Indian divorce amendment act, 2001. You can file under S. 10A if you had been living saperately for 2 years preceding the date of filing.

 

Otherwise if you have good evidence of adultery, you can file u/s. 10 making the adultreror a co-respondant and claiming damages from him u/s. 34 IDA and the said amount can be settled towards the maintainance of the wife and children u/s. 38 IDA.

Adv Archana Deshmukh (Practicing Advocate)     09 July 2012

As far as s. 497 IPC is concerned, if it is cognizable in AP, you have to file an FIR with the police and co-operate with them in the investigation. Provide them with the facts of the case, name and address of the adultreter. The police will do the rest.

1 Like

N.K.Assumi (Advocate)     09 July 2012

497 IPC is a blot on the statue book and require immediate repeal from the statue book.

1 Like

(Guest)

I entirely agree with Mr.Assumi.

1 Like

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