Legal Question in Family Law in India

Consequence of Adultery
What kind of sentence is granted by the indian family court once adultery is proved? Acc to the law on paper it is a punishable offence and there is some sort of jail term. However no one has been sent to jail for committing adultery till date.
Can the petitioner after proving adultery claim her rights to the flat of the respondent? as she has been driven out of the house with her child by the respondent and his parents.
What other rights can the petitioner avail for herself and her child once adultery is proved on the part of the respondent?

Asked on 6/04/08, 10:27 am

3 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

0 users found helpful

0 attorneys agreed

Re: Consequence of Adultery

Adultery as defined in the matrimonial law it can be a strong ground for divorce and there is a different definition in criminal law.

As far your case is concerned she is entitled to :

Punishment of Husband due to the Violence.

Maintenance and Custody of the child.

Residential Accomodation is supposed to be provided by the Husband.

Answered on 6/16/08, 2:41 pm

Mark as helpful

Aniruddha Pawse Aniruddha.P.Pawse Advocates

0 users found helpful

0 attorneys agreed

Re: Consequence of Adultery

Family court being a civil court can grant divorce and not sentence. Criminal court can take cognizance of the offence of adultery u/s 497 of Indian Penal Code.If offence proved only the male is punished with imprisonment of either description which may extend to five years or with fine or both. The offence is very difficult to prove. She can claim her rights on the flat and claim maintainence etc.

Answered on 6/05/08, 1:47 am

Mark as helpful