Section 497 defines adultery which means a extra marital affair and sexual intercourse with someone other than the wife . An adultery can be performed by husband or a wife .Earlier its was considered as a criminal wrong but with the amendment of apex court i.e Supreme Court  it is not a criminal wrong and is legalised in India.



A person who performs adultery shall be punished with imprisonment of 5 years ,fine or with both.


1-Firstly, it is extremely important to ensure that the act is adulterous. These acts are considered adulterous; the birth of a child beyond the period of twelve months after the cessation of the marital consortium between the spouses, admission of adultery, etc.

2-The spouse may want to appoint a private investigator to collect evidence which could be presented before the court.

3-After the spouse is done with the collection of evidence he or she might contact a lawyer as it is important for him to weigh out his options and also to understand the legality of admission of pieces of evidence before the court.

4-Fourthly, if the spouse wants to file for divorce then he or she should move to court and file a petition for divorce.

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