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Author Topic: Cr.P.C 497  (Read 1401 times)

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Offline manojthesharma

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Cr.P.C 497
« on: May 22, 2014, 01:26:02 PM »
I was having an affair with a married woman for the last 3 years. I found her cheating on me and therefore I confronted her and her father. At that time her father threatened that HE will file a case against me under Cr P C 497-Adultery. I was stunned. Later I investigated and found out that the woman was staying with her father for the last 4 years as her husband had also caught her cheating on him and he asked her to leave his house. I met her husband and now he is asking me to help him as the woman and her father are demanding a huge sum of money as divorce settlement from the husband else they will file false cases of d/v and dowry against the husband. The husband has promised me that he will not exercise his right to file a case u/s 497 Cr P C if I help him. My worry and my question is - If the husband files for divorce against his wife (That woman) on grounds of adultery and also files an application citing reasons of shame to his family and his daughter that he does not want to file any case against me u/s 497 and he also does not permit or authorize anyone else to do that then will the court accept an application u/s 497 against me if the father of the girl files it? Since the girl was staying with her father, will it be considered that she was under the father's care although the husband did not authorize that? Can somehow her father become eligible to file a case u/s 497 against me even if the husband is not permitting that?

Offline advdesai

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Re: Cr.P.C 497
« Reply #1 on: May 22, 2014, 10:10:49 PM »
The girl's father cannot file an adultery case, It is only the husband who can.

If the father does that than you can very easily prove the case to be false and with a intend to extort money from you. which will land the father in very deep trouble.

regarding the husband he has to file for divorce before the wife files for DV or any other criminal case on him, this will be the best way for him to defeat the girl's false allegations.

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Offline advJitu

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Re: Cr.P.C 497
« Reply #2 on: May 22, 2014, 10:13:46 PM »
wow your life story can make a great movie.

The father cannot in any way harm you, as his own daughter had physical relationship with you being a married lady, she herself is in trouble.

are you married by the way
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Company law expert from Mumbai City

Offline manojthesharma

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Re: Cr.P.C 497
« Reply #3 on: May 22, 2014, 11:13:17 PM »
Thank you for your response. I am not married, I am single

Offline manojthesharma

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Re: Cr.P.C 497
« Reply #4 on: May 22, 2014, 11:24:40 PM »
Irrespective of whether the girl will be in trouble or not, will the court accept the father's complaint against me u/s 497 if he decides to file it. Will it have any value since the adultery was committed while she was staying with her father as he could argue the clause "Under the care of". But remember the husband will file an application that he does not want to file 497 and also does not authorize anyone else to file it on his behalf

(2) For the purpose of sub-section (1), no person other than the husband of the woman,
shall be deemed to be aggrieved by any offence punishable under section 497 or section
498 of the said Code:
Provided that in the absence of the husband, some person who had care of the woman on
his behalf at the time when such offence was committed may, with the leave of the court,
make a complaint on his behalf

 

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