Case Of Adultery Filed By Husband

As per Section 497, 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 one of the most common cases in India, where often there exists the consent of the women to engage in illicit affairs. Consent of the married woman is not a defence for the accused to avoid trial. However, the person who is framing the charges has to provide proper evidence against the accused, which means the burden of proof lies upon the petitioner.