Rajib Basu 08 February 2018
Vijay Raj Mahajan (Advocate) 08 February 2018
Charges under section 497 IPC can only be made by the husband against the man who had physical relationship with his wife, and not against his wife. Read:
Section 497 Adultery.—Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.
TGK REDDI 09 February 2018
It's neither consent nor connivance but the evidence can't prove the adultery.
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 09 February 2018
She can go ahead and file for divorce. She cannot be punished. It is difficult to get conviction for the other. If he files case under Section: 497, it will become easier for the wife to get divorce.
R Trivedi (advocate.dma@gmail.com) 14 February 2018