Legal Question in Criminal Law in India

My question is about section 497 of IPC (adultery). Religion of all parties involved is Hindu.

The petitioner (Husband) is aiming to file a case against Wife (respondent-A) and the Man (respondent-B, i.e. the man accused to be the adulterer) . Husband and Wife were married for 20 years.

As proof of adultery the Husband has few photos, which are taken in public of the wife and respondent-B (but not of any close nature), and also proof that the wife and the respondent-B have traveled together (both within India and abroad) and checked into hotel together.

Now the knowledge of this affair has come to the Husband on 16-Oct-2017 after which the husband accepted the wife back and started living a regular married life (cohabited), as the wife promised not keep any contact with the Man (respondent-B) again in future.

However, as a background to this case, and the reason probably the wife strayed from marriage bonding is because, the husband was mentally abusing to the wife for sometime. Which of course continued now after this knowledge of her affair. So finally the wife decides to file for divorce in Jan-2018 on “cruelty” ground.

But now the husband threatens her, that if she files for divorce, the husband will file under 497 against both her (wife) and the man (respondent-B).

So, my question is -

A) Given the husband took back the wife in Oct-2017 and lived a regular married life (cohabited) for 3 months, would that be considered a “Condonation” by the husband under section 497.

B) And if its indeed considered “Condonation” would the husband still be able proceed with the charge against both wife and the Man (respondent-B) under section 497.

C) More generally, what really is the length of time for wife and husband to stay together (cohabiting) after knowledge of affair, to prove “Condonation” by Husband.


Asked on 2/08/18, 12:03 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

A) Yes, the pre-cohabitation act of alleged adultery is condoned;

B) No. Even otherwise, no charge of adultery is maintainable against wife. Only the adulterer can be charged;

C) After knowledge of adultery, when the wife is accepted back, the alleged act is condoned.

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Answered on 3/04/18, 6:42 am


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