Dear Madam,
There are few scenario’s which are to be considered while considering the crime and punishment.
- Married man(A) having affair with another women, who is married and staying with her husband(B). In that case, the B can file the case of adultery against A.
- Married man(A) having an affair with another women, who is either unmarried, divorced or widowed. In this case no crime has happened.
- Married women (MW) having the affair with another man(A), irrespective if he is married or not, then the husband of married women can file the case against A.
Now coming for the crime, the case is registered only on the man and not against the women. So there is the punishment only for man. If the man is married, then the punishment is minimal.
Generally, adultery or extra marital affair is seen as the moral wrong.
If you are the wife, and it is your husband who is involved in an extra marital affair, you too have no provision in this code to hold your husband criminally liable for his disloyalty. Unlike in the above scenario, where at least the outsider had a criminal liability, in your case, not even the woman with whom your husband establishes a sexual relationship outside the marriage can be prosecuted under this code.
To understand the legal position of India with respect to the extra-marital affairs, it is important to understand the position of the Indian Penal Code, 1860 (IPC).
The IPC in the Section 497 states:
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.
It is better to file Domestic Violence case seeking following reliefs:
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
- to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
- Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
- Pass orders u/s 18, in totality against Respondent1 to 3,
- Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
- Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
- Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
- The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
- That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.