Bar of suit for criminal conversation
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Summary
Anyone entitled to present a divorce petition under this Act cannot bring or maintain a suit for criminal conversation against his wife once the Act is in force. That means a civil claim for adultery (damages) is barred for those who can use the statutory divorce route. They must seek relief by the prescribed divorce petition, not by a separate damages suit.
Example
Ravi believes his wife had an affair and wants to sue her for criminal conversation to claim damages. Because Ravi is eligible to file a divorce petition under the Act, he cannot maintain that civil suit; he must seek relief by filing the statutory divorce petition instead.
Bare Act
Enacted textAfter this Act comes into operation, no person competent to present a Petition under sections 2 and 10 shall maintain a suit for criminal conversation with his wife.
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