Legal Question in Family Law in India

divorce on adultery
I am confused, Acc to Sec 497 Indian Penal code, Adultery can also be filed with criminal court and There is a jail term extendable to 5 years or fine or both. If i am able to convict my husband of adultery in the family court and get a divorce on the grounds of adultery can i further appeal in the criminal court for a jail term? Once adultery is proved in the court can i complain to the HR department of my husbands company regarding my husband and how he is misusing his managerial position by having affairs with his employees as the co respondent is also working in the same company? will this be considered as defamation inspite of proving adultery in the court? Though i am working i cant afford to buy accomodation for myself and my kid. Can i appeal to the court to give me my rights on my husbands flat since he cheated me and asked me to leave my matrimonial house. We are staying separately for nearly 1.5 years now.

Asked on 6/05/08, 9:31 pm

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: divorce on adultery

You seems to be have over looked the distinction between definition of "adultery" under Matrimonial Laws and the Criminal Laws.

Under IPC a person can be prosecuted for adultery only by the husband of the lady with whom he is having an affairs; in other words, to constitute "adultery" as an offence under IPC, the female involved must be married and the man involved should have sex with her with the knowledge that she is a spouse of X.

there is no such requirement in matrimonial laws.

As i earlier advised, for residential accommodation and other reliefs, you may pursue rememdies under :

(a) matrimonial laws;

(b) IPC - 498-A

For a better and effective opinion and solution to your problem, you may write me full details / facts of your case starting from marriage, status of both the parties, and the incidents leading to your ouster from the matrimonial home.

Answered on 6/05/08, 10:33 pm

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