Adutary Matter For Family Case

Asked in Family

  • Suriya

    Vadodara

Expert's Answers(4)

  • Kkomal Ttyagi Advocate

    New Delhi, Delhi
      2 Client Ratings

    Kindly contact us for more details. +919667660556

    August 16, 2025
  • PRATYUSH KUMAR ADVOCATE

    Kanpur, Uttar Pradesh
     

    Dear Sir, I understand the emotional and mental trauma you've experienced due to your wife's adulterous relationship. However, as per the Supreme Court judgment in Joseph Shine vs. Union of India (2018), adultery is no longer a criminal offence under Section 497 IPC. Hence, you cannot file a criminal case against her boyfriend merely on grounds of adultery. However, you still have the following legal options: 1. Civil Remedies (Mental Cruelty): If you decide not to reconcile, you can use the act of adultery as a ground for divorce or as evidence of mental cruelty in any related civil or matrimonial proceedings, such as custody or alimony disputes. 2. Defamation (U/s 499 & 500 IPC): If your reputation has been publicly damaged due to their actions (e.g., social media, public humiliation, or rumors), and if it can be proven with evidence, you may explore filing a defamation case against the individual. 3. Trespass (U/s 441 IPC): If the boyfriend entered your home without your consent and continued visiting knowing she was married and staying with you, you may consider a trespass complaint, provided you have proof (e.g., CCTV, witnesses). 4. Counseling & Settlement: Since you are considering reconciliation, it may be better to focus on counseling, setting clear boundaries, and drafting a mutual understanding agreement regarding behavior, custody, and visitation. ? Note: Legal action should be taken only after a proper assessment of evidence and possible consequences, especially as it may impact your child and personal life. Feel free to consult for a detailed case-specific opinion. 7705998888,7705938888

    July 27, 2025
  • Kishan Dutt Kalaskar 40 years Exp (Retired Judge)

    Bengaluru Urban, Karnataka
      187 Client Ratings

    Dear Sir, Adultery alone is not a ground to prosecute the boyfriend anymore in India. However, if manipulation, coercion, trespass, or damage to reputation is involved and can be proved, legal remedies exist.

    July 16, 2025
  • Adv M. K. Singh

    Lucknow, Uttar Pradesh
      6 Client Ratings

    You can contact for solution in this regard. Thanks.

    July 12, 2025