• Adultery

What is the punishment for husband engaged in a extramarital affair with a married woman (who is living separated from his husband from last three years without divorce and there is no physical relationship with her husband)? Is the other lady engaged in this extramarital affair a criminal? 
Regards
neha sharma
Asked 4 years ago in Criminal Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

19 Answers

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

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

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.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

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

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

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

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

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

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

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.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

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.

Pulkit Chandna
Advocate, New Delhi
193 Answers
5 Consultations

4.9 on 5.0

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.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

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.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

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

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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.

Kavery Anand Pandharpurkar
Advocate, Bangalore
323 Answers
12 Consultations

Not rated

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

Giriraj Prasad Bairwa
Advocate, Jaipur
23 Answers

Not rated

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.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer