• Adultery and denial of consummation

If wife does not allow to have sex with husband because she does not like him any more and she wants to have sex only with his husband's friend with whom she is having sex for 4 to 5 years behind her husband, what is the course of action open to husband ?? He does not want to divorce her but want suitable action against both i.e. his wife and his friend.
Asked 7 years ago in Family Law
Religion: Hindu

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9 Answers

1) file case of adultery against wife lover under section 497 of IPC

2) no case is maintainable against wife as law regards wife as victim

3) husband can file for divorce against wife on grounds of adultery and make her lover co respondent in the case

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

file police complaint under section 497 of IPC

2) if police refuse to regsiter FIR file complaint before magistrate under section 156(3) of crpc to direct police to investigate and submit report

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

If the marriage is not consumated or wife is denying husband from having sex with wife, the best recourse would be to file for dissolution of the marriage. Merely getting the wife and boyfriend punished in a criminal court would not be the best option. Apart from this you could try counselling which can help restore your married life.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

Dear Querist

You can file a criminal case against her boy friend for the offence of adultery under section 497 of IPC but can not be prosecuted your wife in criminal case.

Based on cruelty or adultery you have right to file divorce case against her before family court.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

what is the course of action open to husband ?? He does not want to divorce her but want suitable action against both i.e. his wife and his friend.

He should collect evidence to prove this adultery against the adulterer or her paramour.

He can lodge a police complaint agaisnt her paramour for this adultery offence.

If it is proved then he can punished with conviction of RI upto seven years.

No doubt she cannot be punished under this act.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Please advise all the avenues available including approaching to Police or directly filing criminal court case against wife and her boyfriend

In the adultery charges only her paramour may be punished, if proved under section 497 IPC.

She cannot be punished.

This complaint should be lodged in the police first and only when the police is not effective or not responding properly then you can approach court seeking relief and remedy.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

If wife wants separation and ti stay with her lover file for divorce by mutual consent

2) mutual consent divorce takes 6 months

3) contested divorce cases take 5 years to be disposed of

4) you can file FIR in Kolkata

5) file for divorce on grounds of adultery in Kolkata

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Dear Querist

my opinion on your queries are as under:

1. Whether FIR can be filed in Kolkata with the proof ? (Wife openly admits of this affair)

Opinion: yes, it can be filed against him under section 497 of IPC but that will be NCR and without court order the police can not arrest him or investigate the matter. Husband has right to file a private complaint too before the magistrate directly.

2) Whether divorce on the ground of adultery can be filed in Kolkata ?

Opinion: yes, divorce can be filed based on Adultery and cruelty under section 13(1)(I)and (ia) of Hindu Marriage Act 1955 if both are Hindu.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. A criminal complaint with the police may be filed in Kolkata after settling back from Mumbai to make it a continuous offence.

2. Yes divorce on the grounds of adultery can be filed in Kolkata also.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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