Apni Law Staff asked 6 months ago
A man filed for divorce, citing his wife’s infidelity and the birth of a child with another man. After the divorce petition was filed, the wife returned home, resumed a physical relationship with her husband, and filed a complaint against him. No police report was filed, and they agreed to live separately pending the court’s decision. Nine months later, the wife gave birth to another child. The court granted the divorce based on adultery and cruelty, and the husband was awarded custody of the second child.
Is the husband considered to have condoned his wife’s adultery? If he did, can he still pursue charges of adultery under IPC 497 against the other man involved?
Best Answer
Apni Law Staff answered 6 months ago
Under Indian law, condonation of adultery occurs when the wronged spouse knowingly resumes cohabitation with the adulterous spouse after becoming aware of the adultery. In this case, the husband resumed cohabitation after filing for divorce, potentially indicating condonation. This would likely bar him from pursuing charges of adultery under IPC 497 against the other man.
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