• Ipc 497

This is regarding my cousin and emergency,so plz reply early.. now this fellow has fled with somebody else's wife( with whom he was having an affair and she is at present the legal wife of some businessman based in delhi) and landed up in my flat at patna. the girl has written a detailed letter to her husband stating that she is an adult and she s leaving him in fully sound mind and at her free will to lead the rest of her life wth her lover. the man called her up and threatened that he will give her divorce alright but not before sending my cousin behind the gallows under ipc497. he has in fact lodged an f.I.R with delhi police. now what i want to know...
1. can police arrest my cousin for adultary? is it a bailable offence?
2. can the police harrass me too as i knowingly gave him and his wife shelter?
3. can he appeal for an anticipatory bail/any other legal armour against possible arrest?
4. if the case against him may fall through if the lady swears in front of the police that she came out with him willingly unable to bear her husbands tortures.
Asked 2 years ago in Family Law from Patna, Bihar
Religion: Hindu
what details do you have about FIR,for advice its details are important
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
on which date ,against whome ,if your really want us to help ,copy FIR has to obtained from concern police station which require time and money,kindly contact me on my contact no:
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. Your cousin has committed an offence and letter of his paramour id of no help in his case.
2.Yes police may harass you as well but you can take a plea that you had no idea that your cousin had enticed away a married lady.
3. Yes he can and he can possibly get bail if his case is represented properly.
4. The consent or letter will put the cousin in more trouble. Enticing away a married woman is an offence where consent of the partner if of no relevance.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
it is very necessary for you to get the copy of FIR. definitly you may prosecuted as coaccused because you have given them shelter. for getting copy of FIR & further coarse of action you may call me
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
1)  your cousin has committed an act of adultery 

2) police will question you but you should deny that you were aware that your cousin has run away with married lady . 

3) your cousin can get bail 

4)letter by the married lady will land your cousin in trouble . her consent is immaterial . the letter mentions that she has eloped with your cousin . hence your cousin can be prosecuted
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Hi,
The offence is adultery and non-bailable . since the girl has eloped the matter is serious and on insistence of police your friend can be in custody. She being an adult can live with any one but her marital status is the problem. The lady should first divorce her husband , and go ahead with the relationship with your friend. Your friend can be in trouble as FIR is lodged so try for anticipatory bail, in case denied , surrender and go for the bail. She has no legal status to use her individual decision to be with another man while she is married and not divorced , the letter will put  your friend in more trouble to establish the offence .Send her back and try for bail.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0

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