mohan -fighter (Head) 31 July 2013

Is adultery punishable? the law says it is

hi...... All,

Is adultery punishable in the court of law... ? i have read at many places on the net that adultery is not a punishable offence if done with an unmarried girl but is Punishable only when the affair is with a married female. IS THIS TRUE ??

read point "b" in this article...

https://shovonc.wordpress.com/2012/09/26/know-your-laws-section-497-ipc-1860-adultery/

read point "2" in this article...

https://www.lawyersclubindia.com/articles/Section-497-Adultery-of-the-Indian-Penal-Code-The-MYTH-and-the-REALITY-4876.asp

NEED ATTENTION BY EXPERTS ON THIS.... PLZ GIVE YOUR ADVICES.......and clarify the confusion ???

What if the wife has proofs of your affair and can well prove it ? how bad can it go...and what is the worst thing that may happen ???? In what section will this come in ???

DO REPLY ASAP...

THANKS

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4 Replies

498A__misused (Sec) 31 July 2013

civil law.

Adueltry is tuffest thing to proof for both husband and wife.

If you can proof then husband or wife can maximum seek divorce on ground of Adueltry.

But husband/wife failed to proof the same then it amounts to cruelty. other party can seek divorce on cruelty.

Both husband or wife can not file 497 if other partner is adeltrus.

Criminal law

yes 497 is appplicable if male member have s*x with married women , then husband of second women can file 497. But if maried man is have relation with unmarried women then 497 is not applicable.

mohan -fighter (Head) 31 July 2013

Dear 498_misused...

thanks for ur revert..

my scene is ...my wife knows abt my affair wid a unmarried female and can easily prove it... NOW, can she really do anythig wrond against me..or it can just lead to a dicorce. ?/? i anyways am asking for a divorce...from her... for which she asking a huge amount of money + house etc etc. WHAT are the possibilities she can do against me ???????

498A__misused (Sec) 01 August 2013

Only damage is if she proof that you have a GF then she will win divorce case and can get a good alimoney .

nothing else no need to be very much worried.

Read these judgements i am attaching and use them in your case and take lawyer help as i am not a lawyer so check with lawyer also.(ignore 102181105_â€¢maintenance formula evolved by judges for wife and child â€“ pwdva.pdf
)

Attached File : 102181105 keeping gf or live in is not 498a - 1 .pdf, 102181105 â€¢maintenance formula evolved by judges for wife and child â€“ pwdva.pdf, 102181105 keeping gf or live in is not 498a.pdf downloaded: 406 times

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