pleasehelp 02 January 2015

Adultery

My wife is involved in an extra-marital affair with one of her ex-colleague. She has left her matrimonial house along with my son (at present 3.5 years old). Of-late I came to know my wife is living-in a rented apartment (rented agreement signed in the name of my wife) with her paramour along with my son and her mother.

I tried to file complaint against them in my local police station. They simply received my complaint without registering any FIR. Since then they have been sitting tight on my complaint. Subsequently the officer who was looking after my complaint suggested the action (living-in with paramour) on part of my wife should not be treated as tantamount to any criminal offence. He added that police should not initiate any investigation against her paramour either. He then advised to lodge a complaint in the police station where my wife rented the flat. While I tried to lodge a complaint in the police station where my wife rented the flat, they asked me to lodge the complaint in my local police station.

I also approached a lawyer. He suggested only paramour can be indicted not my wife as per Indian law.

In this context I am looking for expert advice on the following two questions. Can experts please help me?

1.Can I lodge FIR against my wife and her paramour?

2.Can I initiate a criminal suit against both of them?

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6 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 05 January 2015

The paramour is guilty under IPC Section 497. The woman involved is not guilty under the same section or any other section. Action can be initiated against the paramour. You can get divorce from your wife at the most. With passage of time the case will become even weaker and will become only technical.

Dhayalan 9894551170 (advocate) 05 January 2015

your wife is also accused u/s 494 of IPC. Approch your highcourt and get the direction to register a case. or simply file private case in criminal court

pleasehelp 05 January 2015

Many thanks experts - can you answer my first query please?

Can I lodge FIR against my wife and her paramour?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 06 January 2015

IPC- Sec: 494 will apply only if your wife marries her paramour through a recognised marriage ceremony. If they are only living together without formal marriage only section 497 can apply at the most. If you file a criminal case against your wife under 494 she will say that she and her alleged paramour are only friends staying together. Only the court will decide whether just co-habitation alone is enough for the purpose of 497.

pleasehelp 27 January 2015

One more query experts -

Would that criminal suit against her paramour fructify in the absence of police investigation?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 28 January 2015

IPC-497 would apply against her paramour if there is evidence that he had s*xual intercourse with your wife. Either you will have to produce eye-witness or photographic evidence or the court should accept that their co-habitation in a closed room is sufficient evidence. You may engage a private detective to collect suitable evidence. Generally in a court case for adultery all kinds of dirty linen will be washed in the court.