shrikant v. sathe (retired) 20 May 2012

Ipc 497

What is the procedure for applying Ipc 497 ?My friend has taken x party dirvorce from his wife 4 years back. His wife is living with her paramour for nearly 7 years.Th paramour is also married and having kids.Please advice me and also elaborate the procedure.Their missing cases are duly registered in police station and secondly he is Bhondubaba and cheated many people in Goa.Myf friend.s wife was also with him.They ran away when people aroused against them. but nobody had given complaint to police station.

Reply Follow

4 Replies

Arvind Singh Chauhan (advocate) 20 May 2012

Your friend can file complaint in court against that person.

Here I have to seek help of senior while dealing with the trial of 497. How the 497 can be proved if wife is not ready to help her husband. What material should be collected.

Generally most of such cases results in acquittal. It would be very helpfull if any body can attach here case law for conviction.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 20 May 2012

I have studied law of the adultery and it's various dimensions quite critically and have also wrote a lot about it, I haven't come across a case of conviction. Because there are very few prosecutions in the first place. As regards proof of Adultery - it is capable of being proved only by way of circumstantial evidence - for eg : Hotel Reciepts etc. If that is proved, and I quote one court has observed that when two people of opposite s*xes are in a room the law can safely assume and infer that they are not their to say their prayers. Hence inferences can be drawn from surrounding circumstances and burden of proof is not that rigid.