Hello,

A case of adultery can only be filed by the husband of that women.

Section-497- Adultery “Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case, the wife shall not be punishable as an abettor.

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

Regards

hello

the law regards the woman engaged in an adulterous act a victim of the circumstances, and the male counterpart, the perpetrator of the crime. max punishment is 5 years. although she living separately the law says that she is still a wife

regards

Adultery can be charged against your husband only by the husband of that another woman. It is an offence against the husband of that woman.

I must hasten to add that the law does not prescribe any punishment for the woman.

regards

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

It cannot be criminally liable but it establishes a ground for divorce.

1. Illegal Affair with married woman:- if any man whether married or unmarried has sexual intercourse with a married woman without the consent of husband of that married woman, is guilty of offence of adultery, and shall be punished with imprisonment which may extent to five years or with fine or with both. It is a non cognizable and bailable offence. In such case the wife shall not be punishable as an abettor.

In this kind of situation only husband of a married woman can file a complaint against the person who has sexual intercourse with his wife. The wife of person (who has sexual intercourse with other married woman) can not file a case or complaint against her husband.

But both the wife of person(who has intercourse with other married woman) and the husband of married woman( with whom the intercourse has been done) will have a valid ground for divorce.

1. IF the other women is "separated", from her husband THEN there is no offence of Adultery (seven years jail, IF proved). The present law on to itself does not punish the women for adultery.

Keep Smiling .... Hemant Agarwal

Firstly you need to prove adultery, hope you have strict evidences and its a lengthy court procedure, other extra marital by husband is not cruelty

Hello,

Yes the husband can be accused and convicted of adultery while the lady will be prosecuted as an abettor of the crime and will get the same punishment as that of the accused .

Thanks and regards.

No as per Section 497 of the IPC it’s the wife’s illict lover who can be prosecuted and nobody else.

Here it is: “497. Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.”

As you can see, the last line clearly says the wife (in this case the other woman) shall not be punishable even as an abettor.

I hope that answers your question. Further queries welcome.

Dear client,

He can be prosecuted only if her husband file criminal complain for an offecnse of adultery. Punishment up to 5 years . No criminality on women being abettor.

Lady is regarded as victim

2) if lady had extra marital affair her husband can file case against her lover punishable with up to 5 years imprisonment

1. The punishment for the male is five years if found guilty as prescribed under section 497 of IPC.

2. However the lady would not be prosecuted not be convicted.

This provision is presently pending before the constitution bench of the supreme court to determine its constitutional validity.

Adultery is illegal as per Section 497 of the Indian Penal Code, 1860 which reads as under:

497. Adultery —

Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

Adultery is also one of the valid grounds for divorce in India under Section 13(1)(i) of the Hindu Marriage Act, 1955 which reads as under:

13 Divorce —

(1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party;

(i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse;

1) So her husband can file case against your husband under 497 IPC.

2) You can file for divorce against your husband under section 13 1 (i) of HMA.

1) Here in your case you may file case against that lady and ask court to refer section 497 of IPC.

497. Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

No the lady cannot be punished the man can be punished for 5 years.

Answerd by Adv kavery Anand Bangalore.. wife can give police complaint against her husband and that lady... And after that she can file Divorce case with huge compensation/ alimony.. or shear in husband's property.

Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor

1. The maximum is 5 years in case of conviction under Section 497 IPC.

2. Under the present law only the paramour of wife can be prosecuted for the offence of adultery, not the wife.

The other lady who is married and not divorced yet, will be instigator but the offences are against her paramour, provided her husband is lodging a criminal complaint agaisnt this man who is indulging in the said extra marital affairs with his wife.

Whoever commits adultery shall be punished with an imprisonment which may extend to five years, or with fine, or both.