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debjani (GM)     04 October 2014

Adultery charge for woman

To All the Members of this Forum,

I DO HAVE A QUESTION THAT IF ANY HUSBAND HAVE ANY RELATION WITH ANY OTHER MARRIED WOMAN APART FROM HIS WIFE, I THINK HE COULD BE PUNISHED AGAINST ADULTERY CHARGES, BUT THE MARRIED WOMAN INVOLVED WITH THE HUSBAND CANNOT BE PUNISHED, IS IT SO.

BECAUSE IF THE MARRIED WOMAN CANNOT BE PUNISHED THEN THIS TYPE OF CRIME WILL BE CONTINUED AND CANNOT BE STOPPED. 

IS THERE ANY SOLUTION TO THIS REGULAR PROBLEM FACING BY THE WIVES.

PLEASE HELP.



Learning

 4 Replies

Q Slinger (NA)     04 October 2014

Not really..all u can do is file charges against the man that she is having an affair with. There is no law to prosceute a women for adultry 
 

Pratap K Pushpakaran (Advocate)     04 October 2014

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.

Section 497 of the Indian Penal Code (IPC) perceives a consensual s*xual intercourse between a man, married or unmarried, and a married woman without the consent or connivance of her husband as an offence of "adultery". A s*xual link between a married or unmarried man and an unmarried woman or a divorcee or a widow, therefore, does not come within the ambit of "adultery". It also holds the man and not the (adulteress) "wife" of another man, who has been unfaithful to her husband, solely responsible for the s*xual liaison.

the penal law of adultery in India is premised on the one-and-a-half century old caste-based stratified "social setting" in the context of the traditional conservative property-oriented familial ideology and s*xual mores. It is also premised on a few outdated and moot assumptions of s*xuality, s*xual agency and unequal mutual marital rights and obligations of the spouses. It, in ultimate analysis, unmistakably intends to protect the rights of the husband and not ofthe wife

it is for the legislature to take note of such a "transformation" while making appropriate amendments to Section 497

for more reading refer:(2001) 6 SCC (Jour) 16

Ashok, Advocate (Lawyer at Delhi)     04 October 2014

Section 497 of IPC is quoted below:

 

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.”

 

It is clear from the highlighted part of the above section that the wife involved in such act of adultery cannot be punished. The Parliament, in its wisdom, has decided that the wife shall not be punished, therefore, nothing can be done in such a matter. Period.

 

 

It is for the Parliament to change the law.

N.K.Assumi (Advocate)     05 October 2014

Section 497 a BLOT in our Statue Book and require to be repealed.


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