Legal Remedy against threat of filing Adultery case

I have a colleague of mine, we were friends, he said he will get divorce and get married with me. In between, we got physical and his wife came to know about it. Now she is threatening to file adultery case or is asking money for it. Can she do it?

Answers (2)

Team Legistify

  • Sector-1, Noida
Adultery is a crime under Section 497 IPC, however, if a married man is having an affair with an unmarried woman or a divorcee or a widow, it shall NOT be treated as adultery under this section. Even if a man is having an affair with a married woman, it shall not be treated to be a crime under this section, if the husband of the woman concerned, consents to it or if the affair is carried out with his connivance. The wife can file a divorce on the ground of adultery and can claim alimony from her husband under section 13 of the Hindu Marriage Act, 1955.

Answered on 28 Sep 2018


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Team Legistify

  • Sector-1, Noida

Adultery is a crime under Section 497 IPC, however, if a married man is having an affair with an unmarried woman or a divorcee or a widow, it shall NOT be treated as adultery under this section. Even if a man is having an affair with a married woman, it shall not be treated to be a crime under this section, if the husband of the woman concerned, consents to it or if the affair is carried out with his connivance. The wife can file a divorce on the ground of adultery and can claim alimony from her husband under section 13 of the Hindu Marriage Act, 1955.

Answered on 28 Sep 2018


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Yes   No

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