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Rednblue (Hhh)     23 August 2012

Adultery criminal case query

A friend of mine got divorced in 2008 by mutual consent, but his wife was having an affair with someone before divorce. Adultery was not mentioned during divorce and now his ex wife and her boy friend are married for 3 years(since 2009). Is it possible for my friend to file adultery criminal case against them 4 years after divorce obtained by mutual consent and 3 years since ex wife n boyfriend are married? He has some photo of them before marriage and a hotel bill that they stayed together while still married to my friend. Please remember adultery was not mentioned in divorce



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 8 Replies

Anish Thakur 7018812737 (advocate)     23 August 2012

dear querist ,

it is not possible to lodge case against her for adultery as per your information the adultery is commited 4 years back and now its time barred and cancelled by the fact as the person and your ex wife is married now. so better you advise your friend to not disturb their life and to start his life also from a new charm.

Rednblue (Hhh)     23 August 2012

Thanks for prompt reply. Can you tell me what is the time bar on adultery?

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     23 August 2012

There is no time limit as such. For offences punishable beyond 3 years there is no period of limitation. However having said that there are seldom any convictions in any case for adultery, and in this case the chances of a successful proseuction are all the more feeble.
1 Like

THANKACHAN V P (Advocate & Notary)     24 August 2012

Adultery  compliant  can only be filed by the husband against the adulteror . Since your friend  is not husband of his ex wife I think it is not possible .

 


(Guest)

There is no time limit for filing a complaint for adultery u/s 497 IPC. This being said, it would be a very weak case, and would would not withstand a simple petition u/s 482 Cr.PC before the High Court, for two reasons, namely

 

1. The two are already married. Your friend would be at a loss to give a plausible explanation for the delay in making the complaint.

2. The foundation of adultery as a criminal wrong lies in 's*xual intercourse' which ought to be proved by direct and unimpeachable evidence which, according to your statement of facts, your friend does not have.

 

Ashish Davessar

Advocate

Supreme Court of India/ Punjab and Haryana High Court

1 Like

(Guest)

@ Anish Thakur

 

Do you understand the meaning of the term "time barred"?

1 Like

Mankum (social analysit)     29 August 2012

I belive that this criminal offense is serious if the adulterur is the same person to whom the spouse married. it prooved that it was adultrery. even a single evidence can prove that all aliomony to be retured with loss cover. There is no limitation period for such crimes.

Mankum (social analysit)     29 August 2012

I belive that this criminal offense is serious if the adulterur is the same person to whom the spouse married. it prooved that it was adultrery. even a single evidence can prove that all aliomony to be retured with loss cover. There is no limitation period for such crimes.


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