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Abansu (none )     07 July 2015

Section 497 (adultery) of the indian penal code

Dear Sir, 

I want to know whether under Section 497 (Adultery) of the Indian Penal Code, can i file a case against a Male person by being myself a Male. and from anywhere in India or it should be only from the city where my Divorce case is running. 

Need suggestions & advice

Thanking you.  


 5 Replies

Advocate Ravinder (Advocate/Attorney)     08 July 2015

the querry is confusing

dr g balakrishnan (advocate/counsel supreme court)     08 July 2015

seems some hypothetical


CompelledToLearnLaw (Financial Examiner)     08 July 2015

The query is not confusing at all. How does one read and understand complex laws and judgments when a simple query eludes their understanding? More importantly, if this fairly simple query cannot be understood, how does one understands a client who may be under anxiety, or who may have low IQ? 


Abansu, u absolutely have the right to file the said case on ur wife’s lover. The law is so biased by the way: it does not allow a case to be filed against an adulterer woman. In fact, if u read this law, notice how the lawmakers made a note that a woman cannot even be tried as an abettor to this crime. This is a part of a very long list of biased laws. This particular law should be yanked out of the IPC: consensual s*x between adults should not be a crime regardless if the woman is engaged, married, or a prostitute.


Things to consider:

- U filing this case may anger ur wife and she may file 498a etc. to even the playing field.

-Do not file the case if u do not have other evidence to add to ur oral evidence aka ur testimony. Having other evidence will prevent him from filing cases on u on the basis that u had no evidence and ur oral complaint was a lie.


U need to file the case where the offense took place. The location of ur divorce case has not a thing to do with the jurisdiction of a criminal matter. 

Abansu (none )     08 July 2015

Thank You Very Much Mr. Compelled to Learn Law as you have rightly understood what i mean and also thanks for proper reply, sir i have three types of evidence .... it will be better if u can provide me ur mobile no please take mine i want to talk to u if u allow me 07389579873

Thank u 

CompelledToLearnLaw (Financial Examiner)     08 July 2015

Brother, I do not have time, or the will, to talk to people (Not even to those who I love and can die for). Spending time on activities that do not have meaningful benefit, even if it involves money, is not time well spent. Hence, let me explain something to u without wasting ur time any further: when a woman applies for divorce, the chances r that she has already separated herself emotionally from u. So pls give her on paper what she already has in mind.


About filing the adultry case: I’m from a farming state and there is a saying in my state, “in order to slow him down, if u try to deceive a runner into racing against u in a plowed field, the plowed field will be equally disadvantageous to u both”. So the other side may have the arsenal to file cases against u as well. Just give her the divorce without paying her alimony.


“Sometimes the best way to fight is not to be at the scene where the fight is going to take place. The one who knows when to fight, and when not to fight, will gain.”

                               -Paraphrasing from the Art of War


Move on and try to see, or find, the beauty in life. This may have been a blessing in disguise for u as I’m guessing u do not have any children who she has taken away: I would not have any words or advice to console u if u had children. So feel blessed and move on. 

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