Legal Question in Family Law in India

Consequence Of Adultery

I have few questions on adultery

1. What kind of sentence does an indian family court grants once adultery is proved? Acc to the law it is a punishable offence and even has a jail term.However in practice no one has been sent to jail for committing adultery in India.

2.Once adultery is proved by the petitioner on the part of the respondent can she claim the flat of the respondent for herself and her child?. Since petitioner has been driven out of the house by the respondent and his parents. and has no accomodation of her own.

3.What other rights can the petitioner avail for herself and her child after proving adultery?


Asked on 6/04/08, 10:38 am

3 Answers from Attorneys

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

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.

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Answered on 6/16/08, 2:41 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Consequence Of Adultery

Already Replied.

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Answered on 6/05/08, 1:51 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Consequence Of Adultery

I have Already answered the same question.

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Answered on 6/05/08, 8:59 am


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