• Section 497

I'm a married woman who who had an affair with a married man.be promised marriage.Now his wife found out and tells me I'm not the only lover.he has lied to women before .I'm angry and want to do something about this. 
He is threatening to tell my family .what can I do ?if my husband is informed about this can we file 497
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

1. He is only threatening you that he would inform your husband of the illicit relationship he has with you. He may not do it because he himself will be in trouble legally.

2. You can file a case against him for Adultery U/S. 497 and if the offence is proved against him beyond reasonable doubt, then he may be imprisoned for a period of 7 years.

3. You have to have sufficient evidence to prove your point against him. If you have collected solid evidence which can be showcased in Court, then nothing to worry.

Shashidhar S. Sastry
Advocate, Bangalore
5108 Answers
314 Consultations

5.0 on 5.0

Your husband can file case of adultery against your lover

But do remember your confession can boomerang against you as your husband can file case of divorce against you for having an extra marital affair

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

1. If the situation warrants, convince your husband to file a case against him.

2. Proof can be in the form of intimate photos, letters, chatting, etc..

Shashidhar S. Sastry
Advocate, Bangalore
5108 Answers
314 Consultations

5.0 on 5.0

You cannot force your husband to file case against your lover for adultery

2) adultery can be proved by circumstantial evidence

3) if you have checked in hotel room with your lover hotel register entries will help on proving adultery

4) your admission will help in making out a case for adultery

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

I'm a married woman who who had an affair with a married man.be promised marriage.Now his wife found out and tells me I'm not the only lover.he has lied to women before .I'm angry and want to do something about this.

He is threatening to tell my family .what can I do ?if my husband is informed about this can we file 497

Your husband can lodge a criminal complaint against your paramour for the offences of 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.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

But what if my husband refuses to file ? What proof is required to prove the illicit relationship .

Since you have voluntarily involved in this act it can be considered as consensual sex which is not an offence.

The husband of the wife who indulged in this act of adultery only can initiate any action in this regard as per the provisions of law which ws reproduced in my previous post.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

Its depend on your husband if he want to file the he can file a criminal case against him before court under section 497 of IPC for the offence of adultery but if he does not want to file then he may file a divorce case against you before family court under section 13(1) of Hindu Marriage act based on adultery.

You may file a criminal case against that person under section 493/420/376 of IPC for false promise of marriage, cheating and rape.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

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