• Can husband file case against paramour of his wife

Can husband file case against  paramour of his wife??
Asked 2 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
Husband can file a case of adultery against his wife's paramour.
Ashish Davessar
Advocate, Jaipur
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However, if paramour has a proof which can establish that he was unaware of the marital status of this woman then he would escape the clutches of law.
Ashish Davessar
Advocate, Jaipur
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446 Consultations
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Husband can apply for divorce on the ground of his wife's infidelity.
Ashish Davessar
Advocate, Jaipur
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446 Consultations
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section 497 provides .-- 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 

in the present case your wife lover believed that your wife was not married and had supressed said fact of marriage . hence he would not be guilty of offence of adultery . you cannot punish your wife for said offence as lady is laways believed to be victim . 

best option is to file for divorce on grounds of adultery
Ajay Sethi
Advocate, Mumbai
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Hi, yes he can file a complaint before the police for adultery.
Pradeep Bharathipura
Advocate, Bangalore
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it is very difficult to prove adultary,better go for divorce by mutual consent she is also not interested to live with you
Rajeev Bari
Advocate, New Delhi
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Who would like to have a wife who is not trustworthy?  As suggested by my learned friends go for divorce by mutual consent and its very difficult to prove adultery against your wife because such things happen within four walls secretly and only circumstantial evidence should help you.
Shashidhar S. Sastry
Advocate, Bangalore
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59 Consultations
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nothing left to add
Nadeem Qureshi
Advocate, New Delhi
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u can  filed a complaint of adultary but it defficult to prove it i suggest u just talk with her n filed mutual divorce it is a best for u
Deepak Rao
Advocate, Delhi
15 Answers
0 Consultations
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