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Hitesh Shah (Proprietor)     17 August 2015

Fate of adultery case after divorce by mutual consent

After filing Case of adultery and bigamy against my wife  and her paramour I got an Order for Proceedings U/S 494/497/498/114/34 IPC in 2013

In 2014 we agreed upon a Divorce by Mutual Consent where in there is a condition that both will withdraw all cases against each other

Hence I will have to withdraw proceedings against my wife for bigamy

Since she is not the accused in Adultery can I continue the case against the paramour

IS there a way where I can continue the Adultery case while withdrawing the proceedings against my wife?



 7 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     17 August 2015

Once when both of U have decided to go for MCD, better get it as soon as possible, and both of U act as per the contents of the MCD petition.Once U get the MCD,forget about the past and lead a new life instead of further running after courts and inviting new legal complications.

Hitesh Shah (Proprietor)     20 August 2015

I agree Mr. Sainath Devalla. The MCD has been granted in August 2014. I am in Kolkata. She in Mumbai. She has not yet withdrawn the DV case she filed in 2010. I want to make sure she does that. Thanx for the reply

SAINATH DEVALLA (LEGAL CONSULTANT)     20 August 2015

When the MCD has been granted almost a yeart back U should have pressurised her to withdraw the DV case.Even now it is not too late.Ask her to file a memo in the court as the case not pressed and the court will certainly dismiss the case.

SAINATH DEVALLA (LEGAL CONSULTANT)     02 September 2015

UR original post:

"Since she is not the accused in Adultery can I continue the case against the paramour"

 "IS there a way where I can continue the Adultery case while withdrawing the proceedings against   my wife?"

(1) If UR wife is not the accused in the adultery,how can U accuse  the male person,the affair does not exist at all.

(2) What are u going to mention in the withdrawl petition,regarding UR wife and the reasons for withdrawing?

 

prabhakar advocate (advocate)     02 September 2015

Technically you are right.  The adultery case is against paramour and not wife.  But if your contention is that she is not withdrawing DV case against you, on the next date appear in DV case and file application on your behalf along with memo of understanding that she had given to withdraw all the cases against you and also file certified copy of the MCD decree, and the court will force her to withdraw the case.

 

S.JEEVAGAN, Madurai. (Advocate, High court )     18 May 2017

Hi !

Under the facts and circumstances narrated in your query, it is learnt that there has been an amicable settlement entered between you and your wife with a clause in respect of withdrawal of the litigation filed and pending against each other. In respect of adultery case, it is legally open to you  to continue the adultery proceedings filed in the criminal court of law against the paramour of your wife while withdrawing the proceedings only against her. . However, it is for you to decide ethically whether to continue or discontinue the criminal case filed against the paramour of your wife once you have decided and agreed to lead a separate life and not to disturb each other in any way in the future.

Website :  https://www.jeevaganadvocate.com/

 e.mail  : jeevaganadvocate@gmail.com  

Cell Nos.  : +91  9842197855, 9842197857.

 

MPS RAMANI (Scientist/Engineer)     20 May 2017

Yes, you can continue case under 497. She has to withdraw case against you under DV Act, whether you withdraw the adultery case or not. If you were summoned to the court under the DV Act, you can submit the divorce settlement document before the court and pray for dismissal of the case.

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