Sir, my wife is having a physical relationship with another man and is not staying with me. The evidence of this illegal relationship has been deleted. Therefore, I do not have any proof to file an FIR against that man. Can you please tell me what should I do?
You cannot initiate legal proceedings against the person with whom your wife has illicit relationship if you have no evidence to prove adulterous relationship of your wife. It is advisable to build trust with your wife and try to obtain evidence through tactful means. Once evidence is obtained, a divorce case can be filed on grounds of adultery.
The Supreme Court has declared in Joseph Shine v. Union of India, 2018 that adultery is not an offence. However, it is important to note that the scope of the offense of adultery under Section 497 is limited compared to the broader concept of adultery as understood in divorce proceedings.
While it may not be possible to file an FIR against your wife’s paramour under Section 497 IPC, you may still have the right to seek a dissolution of your marriage on the grounds of your wife’s infidelity or adultery.
