sasankajyoti sharma (advocate) 20 September 2012

Offence relating to marriage

The husband of a woman has illicit relations and cohabitations with the unmarried daughter of his maternal uncle. The woman is suffering a lot mentally due to breach of trust of her husband. Can the woman file a criminal case against her husband u/s 406 of I. P. C. as well as file a divorce suit?

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3 Replies

Guest (Guest) 21 September 2012

She can file a divorce suit but 406 is not made out.

Ashish Davessar

Advocate

Supreme Court of India*

Punjab and Haryana High Court*

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Prashant Ghai (Advocate) (PrashantGhai.com) 21 September 2012

Like Adv. Ashish Davessar rightly said, a case u/s 406 is not made out but she surely can file divorc petition on the grounds of mental cruelty and adultery.