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shrikant v. sathe (retired)     09 June 2012

Limitation clause for ipc 497

   What is the limitation clause for applying ipc 497 to a person who kept physical contact with my friend's wife.My friend had taken dirvorce five years back.His ex-wife and her paramour are living together without marriage,because he is married and had not taken divorce from his wife.Can my friend prosecute the paramour under Ipc 497.and prosecute his ex wife for damages?


 8 Replies


She is not married now....No 497 can be made out now.

Alok Tholiya (self employed)     10 June 2012

what is 497?

K.K.Ganguly (Advocate)     10 June 2012

The Ex-Husband has no locus standii  in the matter. He is nowhere connected to or effected by the incedence.

Amit (NA)     10 June 2012

No criminal offence.

But if the ex-husband is paying maintenance then she won't be entitled now.

rajiv_lodha (zz)     10 June 2012

No space left to do any adventure via 497 now!

rajiv_lodha (zz)     10 June 2012

No space left to do any adventure via 497 now!

shrikant v. sathe (retired)     11 June 2012

   In divorce decree ,the judge has given the judgement as adultery and mental cruelty from wife.So the judgement itself stands as evidence as adultery done by wife with that paramour and can launch that paramour behind the bars,One lawer has told me that there is no limitation period for Iodging complaint under Ipc 497and no question of divorce,the crime is crime .Please guide me.My friend  also intends to lodge complaint against his ex-wife for ruining his social life that is for damage claim.

pradeep (na)     12 June 2012

They are already divorced, now  how his ex-wife is ruining his social life is not clear.  Now they should not have any connection what so ever. Once she is divorcee, she can have live-in relationship with the person she like, who is her ex-husband to stop? Any way, the case of adultry may not be possible against her. If at all possible, it is against the paranour who is married to other women and living with her. Is this in the knowledge of the paranour's wife? The best way to deal with it is to inform paranour's wife to take action against her husband for adultery.

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