Legal Question in Family Law in India

Re: Consequence of committing adultery

First of all, any case under adultery (Section 497 Indian Penal code) is filed with criminal court and not family court. There is a jail term extendable to 5 years or fine or both.

But make it a point (held by Supreme Court) that only husband of the adultress can file complaint (Section 198(2) of CrPc) under 497. So petitioner cannot file complaint against respondent in your case.

Petitioner cannot claim the flat of the respondent. If adultery is proved against respondent, then petitioner can file divorce on that basis and claim alimony depending upon facts and circumstances of each case.

Re: Consequence of committing 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.

Re: Consequence of committing adultery

Already Replied.

Re: Consequence of committing adultery

In matrimonial law, adultery is a ground for divorce; any extra marital affair is termed as "adultery" in matrimonial law whereas the same is not true in criminal law.

in the present case, the petitioner is entitled to return back to the "shared residential accommodation" which was being enjoyed by the wife prior to her leaving the matrimonial home;

she can also seek prosecution of the husband under Domestic Violence Act 2005. Adultery is also cruelty upon the wife.

Therefore, in the given situation, the wife is entitled to :

(a) RESIDENTIAL ACCOMMODATION TO BE PROVIDED BY THE HUSBAND;

(B) PUNISHMENT OF THE HUSBAND FOR CAUSING VIOLENCE AGAINST HER;

(C) MAINTENANCE & CUSTODY OF THE CHILD.