Can SOME husband seek punishment for his wife under section 120 IPC for planning adultery(INDIA)?See details.?

Question

I am not talking about seeking divorce or separation or any financial gains. I am talking about INDIA.
And I know that involved wife can not be punished as accused of adultery or as abetter under section 497 IPC.
But if some married lady ONLY does an AGREEMENT of adultery with another man without informing her husband about it ......... NOT more then that.....,
so now it is a case of criminal conspiracy under section 120 IPC.
Now her husband want to prosecute both of them under section 120 IPCfor doing criminal conspiracy of adultery.
Can some husband seek punishment for his wife for doing criminal conspiracy of adultery under secion 120 IPC in that case?

Answer 1

As a abettor the wife will not be punishable under section 497 of the Indian Penal Code,1860, but as you say she is an conspirator for such offence there exist no such provision in the Penal Code that she cannot be held culpable for the offence of conspiracy punishable under section 120B of the IPC. Provided there should be an agreement to commit an
offence shall amount to a criminal conspiracy unless some act besides
the agreement is done by one or more parties to such agreement in
pursuance thereof.

Answer 2

ONLY if the same can be done to the husband that commits adultery against his wife over and over again. If she has only planned it, no crime has been committed. However, if a married person whether it be the man or the wife, commits adultery against their spouse, it IS a crime, resulting in emotional and psychological damage to the injured spouse.

Answer 3

Unfortunately many educated Indians are also ignorant and unaware of Indian laws, lives, culture, thoughts, traditions, etc. The wife having sexual intercourse with anybody else (with his consent) is never considered a wrongdoer & she cannot be punished or even prosecuted for her such sexual intercourse with other/s of her choice, in any Indian law under any head, eg. abetment, conspiracy, inducement, common intention, etc. Till date no High Court (and Supreme Court) ever punished such wife for sexual intercourse with other/s, since Indian laws do not consider her such act an offence or wrong. Live in India as an Indian, respecting its laws, culture and thoughts, etc. Muslims alone believe it as their faith as an offence punishable with death by pelting stones. None can be compelled to accept that Islamic concept of adultery. No other sacred holy book even termed it an offence. When Gods & Goddesses had such extra marital relations then why their followers & believers should be restrained from it.

Section 497 Indian Penal Code is copied below:

"497. Adultery.—Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall NOT be punishable as an abettor."

Section 497 unequivocally conveys that the adulteress "wife" is absolutely free from criminal responsibility. She is also not to be punished (even) for "abetting" the offence. Section 497, by necessary implication, assumes that the "wife" was a hapless victim of adultery and not either a perpetrator or an accomplice thereof. Adultery, as viewed under IPC, is thus an offence against the husband of the adulteress wife and, thereby, an offence relating to "marriage".

Premarital, extramarital or unwed sexual activities are not barred or prohibited hence no offence punishable in any Indian law. A wife’s sexual intercourse with other/s is also no offence, hence no prosecution or punishment to her. Even her sex partner also cannot be punished, if was unaware of her wedlock or had sex with consent or connivance of her husband. Her husband alone can prosecute him but not the police, court or the wife. After divorce also her earning husband has to maintain or pay till she remarries (if unable), even if she is permanently & continuously enjoying sex with all other/s. Pre marital sexual intercourses with other/s cannot be a ground to seek divorce under Hindu/Special Marriage Act. Thus a female’s physical sexual relations with persons/s of her choice (with their consent) is not an offence or prohibited / barred in any Indian law and she is at liberty to enjoy the sex freely and fearlessly. A male’s physical sexual relations with any 16+ female (with her consent) is no offence or barred / prohibited in any Indian Law, unless she is in the wedlock of somebody else and is done knowing her wedlock or without her husband’s consent or connivance. Courts have to believe that children born during the wedlock are her husband’s legitimate ones. He is bound to maintain or pay their expenses; till sons are 18+ and daughters are married. Prostitution (commercial sex trade, offering sex for monetary gain) alone is an offence punishable in Indian laws.