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KALYAN MITRA   15 October 2021

What's Criminal Action May be Taken

What's Criminal Action May be Taken if someone is making illegal relationship with someone's wife?

 4 Replies

Shubham Bhardwaj (Practice)     15 October 2021

Dear Sir, 

No Criminal action can be taken in such a case except civil remedies gainst wife. Adultery has been declared unconstitutional by the Hon'ble Supreme Court. 


Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh


Disclaimer:- Opinion is only for guidance. 


G.L.N. Prasad (Retired employee.)     16 October 2021

First as a formality file a police complaint and get some record of the relationship out of a wedded relationship, and then seek divorce.  It is absolutely true that an unsecured wife with children can not seek divorce but still can file cruelty by the partner for filing a criminal complaint to the police as an extra marital relationship also amounts to cruelty to the wife.   The situation is difficult for a wife to challenge all this, and please approach the Women's protection cell for their involvement and help in keeping the married relationship intact and for preventing the other partner from such an extramarital relationship.

P. Venu (Advocate)     16 October 2021

A third party has no standing on such issues. It is for the husband to any action.

minakshi bindhani   18 October 2021

As per your concerned query!

The aggrieved person either file a criminal or civil case in these circumstances.

Earlier section 497 of the Indian penal Code, 1860 penalize this section. The Supreme court in the recent judgement, in the case of Joseph Shine vs. Union of India(2018) struck down section 497 of the Indian penal code as unconstitutional being violative of Articles 14, 15 and 21 of the Constitution.

Family law deals with the case of Adultery :

Under the Hindu Marriage Act (HMA) under Section 13(1)(i) and the Special Marriage Act (SMA) under section 27(1)(a) has mentioned in a very precise manner, that any marriage may be dissolved by a decree of divorce on the filing of a petition by you on the ground that your husband or wife has, after the solemnization of the marriage had voluntary s*xual intercourse with any person other than you.

Judicial Separation

If you don’t want a divorce, you can file a petition in the court to obtain a decree of judicial separation on the ground of adultery committed by your husband or wife. After obtaining the decree, you will no longer be required to cohabit with your spouse. This will give you time to think over the situation and decide whether or not you want a divorce. If you fail to cohabit with your spouse within one year, you or your spouse can file a petition for dissolution of the marriage.

Hope it helps
Minakshi Bindhani

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