Case Of Adultery Filed By Husband

The case of adultery filed by the husband

Free Legal Advice - criminal law

Posted by: Arvind Kalra

Posted on: 2018-08-27

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.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at Lawtendo.com and has been responded by one of the criminal law at Lawtendo.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at Lawtendo.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail. .

Talk to Top Rated Lawyer

Some issues just cant wait. If you need a resolution right away, then use our quick consult option to speak with our Lawtendo lawyers immediately at a small fee of Rs 600.

Talk to a Lawyer

सेवा बुक करें