What legal action can be taken against my sister-in-law who was in a physical relation with the other man?
My brother got married about 2 years ago. After 1 year my sister in law went to a different place for studies. She had a relationship before she got married which continued even after marriage. Her boyfriend broke up with her and now she wants my brother to file a case against her ex- boyfriend. There are photos and indecent videos of them together . Who can file a case of adultery? and should we proceed?
Your brother can file a case for adultery against his wife's Boyfriend. Section 497 of the Indian Penal Code, 1860, states that, ‘ Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.’
The photographs and videos shall be an aid during evidence. However, before proceeding I would suggest you to determine the clear objective of your legal battle. The legal battle may affect the goodwill of your family in the society and might even spoil the cordial relationship of your brother with his wife. Therefore, depending upon the objective of your intended action you should proceed. Needless to say, there are other means too through which your objective may be achieved.
Only your brother can file a complaint of adultery against the paramour of his wife. No one else has this right.
If your brother feels aggrieved by conduct of the earlier boy friend, he should definitely file an FIR against him