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(Guest)

Whether former husband can file complaint for adultery again

Whether former husband can file complaint for adultery against adulterer?

 
 

 The above said section makes it clear that the

husband concerned alone is having the legal right to file a

complaint if the offence is adultery. Of course, in the absence

of such husband, some other person can make complaint in

respect of the said offence under the conditions provided in

the proviso to sub-section (2) of Section 198 of the Code.

When a person is having the status as a husband, he is

aggrieved by the offence under section 497 of IPC and hence

he is having every right to be a complainant. However, once he

obtains divorce from his wife, his status as the husband stands

lost.     The word used in sub-section (2) of Section 198 is

'husband' and not 'the former husband'. It is implicit from the



section that the husband alone and not the former husband is

having the right to file the complaint alleging the offence

under section 497 of IPC against the adulterer.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT:

      MR. JUSTICE B.SUDHEENDRA KUMAR

 WEDNESDAY, THE 30TH DAY OF MARCH 2016

             Crl.Rev.Pet.No. 1220 of 2007 ( )
              

    SIVADASAN,
v
    THE STATE OF KERALA 
                                                         
Citation:2016 CRLJ 3306

https://www.lawweb.in/2016/09/whether-former-husband-can-file.html



 2 Replies

adv.bharat @ PUNE (Lawyer)     30 September 2016

Thanks for sharing it on forum.

Siddharth Dev (Advocate)     02 October 2016

Consulting a lawyer is good habit with all evidence

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