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Whatsapp University   27 January 2022

Criminal case by husband to other man

husband caught his wife cheating with other man, now husband is threatening him that he will file a criminal case.

what are the possible charges he can file against him.


 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     28 January 2022

A victim or the person who has knowledge about the commission of a crime can file a complaint under Section 200 in the Code Of Criminal Procedure, 1973. The Magistrate who takes the cognisance of an offence upon complaint examines the complainant and the witness, if any, upon oath.

1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     28 January 2022

Such case is called adultery. It was a punishable offence under Section 497 of IPC. A few years ago the Supreme Court repealed this section as anachronistic. I do not think that there is any other law under which the 'Other Man' can be punished.

1 Like

Whatsapp University   28 January 2022

thanks a lot @MPS Ramani, but i did not understand comments of mr. Rama

Mamta Sharma   28 January 2022

Hello Sir/Madam,

The above mentioned situation is falling under section 497 of Indian Penal Code,1860. Section 497 of Indian Penal Code, 1860 states the offence of Adultery. Adultery is an offence which is relating to marriage. When a man involves himself in s*xual intercourse with the wife of other man, without the consent of such man is said to be an offence of adultery. Absence of consent on the part of husband makes it an offence.  

But recently in the case of Joseph Shine v. Union of India 2018, the supreme court struck down the adultery as an offence under section 497 of Indian penal Code, 1860. It is no more a criminal offence. It becomes a ground for civil Action, that is, it becomes a valid ground for divorce under section 13(1)(i) of Hindu Marriage Act,1955.

Hope this answers your question.

Regards

Mamta Sharma

 

 

 

PALLABH HALDAR   28 January 2022

First of all sec 497 of IPC has been decriminalised.

But Husband can use Sec 497(Adultery) to seek divorce.Its a solid ground for divorce.

Even wife can’t claim maintenance.

Dr J C Vashista (Lawyer)     29 January 2022

@ Whatsapp University,

What is your concern / problem / dispute / locus standi to the fabricated facts ?

Shashi Dhara   02 February 2022

You also deny , I file case against u but don't file.


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