• Can we file FIR for adultery in another city

1.) Location of FIR: I reside in Kota, and my husband is secretly meeting a woman in Delhi. If i catch them red handed in a hotel of delhi, can I immediately file an FIR in delhi or I need to file a FIR in Kota?

2.) Police Assistance: I need to catch my husband red handed at hotel with another woman. Can I give a written complain to a police station in Delhi and request if they can send some policeman with me to catch my husband red handed from Hotel?

3.) Confiscate Bedsheet and Pillow cover for DNA Testing: Can we request police to confiscate bedsheet/ pillow cover from hotel to prove sexual intercourse.

4.) Case Transfer to Kota: if FIR is lodged in Delhi, can we pursue the case in Kota where I am residing later on.
Asked 4 years ago in Criminal Law
Religion: Hindu

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21 Answers

Fir can be filed anywhere, but since the entire scene of events and cause of action arises in Delhi, ideally FIR should be filed in Delhi.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

hello

the FIR should be lodged in Delhi as the crime happened in Delhi. yes, you can file an FIR and later on on the basis of the investigation a divorce case can also be filed citing the ground of adultery. the case would be investigated by the Delhi police. the FIR cannot be transferred as the offence was committed there. the case in the court would go to trial in delhi.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

1. The complaint of crime is be lodged at the place where the offence is committed. Since the adultery is found to have been committed FIR is to be registered in Delhi only and not in Kota.

2.Yes, you can lodge complaint first and then take the police along to catch them red handed.

3.Yes, police can seize those articles to prove adultery.

4. Transfer of criminal case is very and unlikely.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) no case of adultery is maintainable against husband for adultery under section 497 of IPC

2) Police would not assist you in catching your husband with his girl friend

3) case if any has to be filed in Delhi . It would not be transferred to Kota

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

For an offence of adultery the women your husband us meeting must be a married women.

You can register an FIR for cheating not adultery.

Yes! Case can be transferred from Delhi to kota on reasonable grounds.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

1) You can file a FIR in delhi immediately as cause of action is delhi you dont have to file a FIR in kota.

2) You can lodge a complaint and based on that police can assist you.

3) they being in hotel is enough proof though these things can be confiscated further pillow and bedsheet cannot prove sexual intercourse if no sign of semen on them.

4) case has to be transferred from Supreme court,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Yes you can file FIR in delhi.

2. You will not get police assistance for this purpose unless you show substantial evidence in your support.. only based on your suspicion that your husband is cheating on you is Not sufficient to initiate a search or even a complaint against your husband. The police official will not search a place unless they have permission to do so.

3. Once you file a complaint with supporting evidence then during investigation the police has power to collect evidence.

4. You can pursue the matter from kota itself, as your presence on all the dates are not necessary. You may be represented through a counsel.

Mrinali Prasad
Advocate, New Delhi
20 Answers

Not rated

1)you can file fir in delhi.

2)only s.c. can transfer cases from one state to another state. You have to File a petition in Sc for Transfer of case.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Firstly, Mam, you need file a complian to the police station on Dlehi as rightly pointed out by you.

Secondly, but, even if you don’t have time then also you go to the police station, and take them to the scene of incidence.

Thirdly, you do not need to show something more when he is there in a room with another girl it’s been assumed that they have relation.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1.yes where CRIME is done jurisdiction is there police....

2. Ist u had to lodge complain then police can help u..

3.Yes u can request but it's depends upon them to seize it or not.

4.yes u can but it is very difficult and expensive and lengthy process....

Santosh Kumar Singh
Advocate, Dhanbad
8 Answers

Not rated

1) You can transfer case from.Delhi to Kota.

2) Secondly you have to collect your own evidence and proof against husband. Because police wont investigate unless and until crime is happened.

3) better you appoint a detective and collect proof through him or her.

4) After collecting all proofs than.you can file case in Kota no need to file case in Delhi.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Dear Client,

If husband is meeting a prostitute than only he can be prosecuted as husband having external affair/physical - no offense under IPC. And FIR will file where act committed/incident happened.

Police will assist you only if you file complain that husband is hiring prostitute,not ordinary women.

Intercourse ? When there is no complain of Rape , why police will seize bed sheet/pillow etc to prove intercourse.

No, trail will proceed in Delhi only.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

First and foremost, as per law, you will not be able to file a complaint for adultery against your husband. Only the other woman's husband can, if married.

However, you may use this extra marital affair as grounds for divorce, if you have evidence to prove it.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

hello

if the woman is not married then the woman cannot be prosecuted and the husband also cannot be proceeded against. if the woman is married, apart from divorce you can inform the husband of that married woman about the offence and he can proceed against your husband as he has committed an act of adultery.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

Under section 497 of IPC husband can file case of adultery against his wife for having sexual with another man without his consent

2) you cannot prosecute your husband for adultery

3) you can file for divorce on grounds of mental cruelty and adultery

4) make lady co respondent in divorce case

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

You are at the liberty to file a case for criminal breach of trust, cheating and criminal intimidation under section 406 420 and 503 of the Indian Penal Code for the offence of cheating while being married to you, other than divorce.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

1. only husband of married women can file complaint with whom your husband commit adultery.

198. Prosecution for offences against marriage.

(1) No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code (45 of 1860 ) except upon a complaint made by some person aggrieved by the offence: Provided that-

(a) Where such person is under the age of eighteen years or is an idiot or a lunatic, or is from sickness or infirmity unable to.

1. Added and Ins. by Act 43 of 1991, s. 2 (w. e. f. 1991 ).

make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf;

(b) where such person is the husband and he is serving in any of the Armed Forces of the Union under conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person authorised by the husband in accordance with the provisions of sub- section (4) may make a complaint on his behalf;

(c) where the person aggrieved by an offence punishable under 1 section 494 or section 495] of the Indian Penal Code (45 of 1860 ) is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father' s or mother' s brother or sister 2 , or, with the leave of the Court, by any other person related to her by blood, marriage or adoption].

(2) For the purposes of sub- section (1), no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under section 497 or section 498 of the said Code: Provided that in the absence of the husband, some person who had care of the woman on his behalf at the time when such offence was com- mitted may, with the leave of the Court, make a complaint on his behalf.

(3) When in any case falling under clause (a) of the proviso to subsection (1), the complaint is sought to be made on behalf of a person under the age of eighteen years or of a lunatic by a person who has not been appointed or declared by a competent authority to be the guardian of the person of the minor or lunatic, and the Court is satisfied that there is a guardian so appointed or declared, the Court shall, before granting the application for leave, cause notice to be given to such guardian and give him a reasonable opportunity of being heard.

(4) The authorisation referred to in clause (b) of the proviso to subsection (1), shall be in writing, shall be signed or otherwise attested by the husband, shall contain a statement to the effect that he has been informed of the allegations upon which the complaint is to be founded, shall be countersigned by his Commanding Officer, and shall be accompanied by a certificate signed by that Officer to the effect that leave of 1 Subs. by Act 45 of 1978 , s. 17, for" section 494" (w. e. f. [deleted] ). 2 Ins. by s. 17, ibid. (w. e. f. [deleted] ).

absence for the purpose of making a complaint in person cannot for the time being be granted to the husband.

(5) Any document purporting to be such an authorisation and complying with the provisions of sub- section (4), and any document purporting to be a certificate required by that sub- section shall, unless the contrary is proved, be presumed to be genuine and shall be received in evidence.

(6) No Court shall take cognizance of an offence under section 376 of the Indian Penal Code, where such offence consists of sexual intercourse the a man with his own wife, the wife being under fifteen years of age, if more than one year has elapsed from the date of the commission of the offence.

(7) The provisions of this section apply to the abetment of, or attempt to commit, an offence as they apply to the offence.

2.No cheating case maintainable.

3. No criminal action by you can be taken.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Section 497 IPC does not confer upon the wife any right to prosecute the husband for adultery. The section primarily implies that a man cannot have intercourse with the wife of another man, and in essence gives right to the husband to complaint against the man who had intercourse with his wife.

2. Cheating under IPC is related to property and will not be applicable here.

3. If the woman is married, then take her husband along and ensures he files a complaint for adultery against your husband. Apart from that, you may file a complaint under Section 498A IPC. It may be interpreted that such infidelity amounts to cruelty.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

1. You cannot file a FIR in either place becasue it is not a criminal offence, hence police may not entertain any complaint in this regard.

2. The police will not interfere in your husband's personal affairs and you may not get any remedy through police.

3. Dont stretch your imagination too far, the police will chide or scold you for this behavior or this type of complaint./request.

4.No complaint is maintainable for the husband's extra marital affairs, you may discuss with your advocate for an alternative action on this.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

1.)which section or case law says that wife can't prosecute her husband for adultery?? Section 497 of IPC does not clear this issue...pls clarify

Unfortunately the wife cannot prosecute her husband for the offences of adultery.

There is no provision in law for that.

2.) If not adultery, can i lodge a case of cheating on my husband under IPC?

Extra marital affairs will not be treated as a cheating offence.

3.) if i catch my husband red handed in a hotel room with another married woman, what action can I take apart from divorce???

Divorce is the only option before you.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Sec 497 talks about married women engaged in external affair and person with whom she has committed adultery can be charged at the instance of husband.

Cheating is valid allegation but complain have to demonstrate in such manner that ingredients of cheating make out.

inform her Husband than he can file complain of adultery.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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