• Stay with a girlfriend in other country without getting divorce

Hi, 
good morning, 

I have an affair and there are lot of arguments are happening in both of house AS THEY HAVE MANY PROOF about mine and my girlfriends relationship, tried thinking of giving divorce to our spouse but it will stretch in the court for long time and would not get results soon, 
what if I will take my girlfriend to other country and stay together? we both don't want to keep any relationship with our spouse and relatives hence forth, 
Indian low can bring back to India and arrest us ?
its just a thought
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

1. This will be an offence under Indian law. If your gf is married then you will be liable to criminal prosecution for the offence of adultery under sec.497 IPC which can be launched by her husband. On a successful prosecution you can be sent to prison for 5 years.

2. Indian law can certainly catch up thick and fast with you even if you reside out of India. The solution that you have conceived is a recipe for disaster.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1.Living together with a married is offence for which you can be criminally prosecuted u/s497 IPC.

2. If you marry then section 494 IPC would be attracted.

3.Even if you stay abroad the case can be filed in india and warrant would be issued and whenever you come to India you can be arrested from Airport.

4. So decide accordngly.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

It is true contested divorce cases take 5 years tonne disposed of

2) mutual consentv6 months

3) if you flee ru another country with another man wife he will file case of adultery against you under section 497 of IPC

4) your wife will file DV /498A cases against you

5) you would not be able to live in peace

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1) alimony depends upon your income , wife income, standard of lifestyle etc

2) it is at discretion of court

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

Dear Querist

if there is illegal relationship between you and your girlfriend who is also married then you may be prosecuted for the offence of adultery U/s 497 of IPC.

if you both(you & Your Girlfriend) traveling abroad and willing to reside there and there is any criminal proceedings are pending against you then the passport officer have right to start proceedings against you and her under section 10(3)(e) of Passport Act and when your passport shall be impound then you have to deported from the country where you are residing until and unless you got the citizenship of that country.

if there is any chance for amicably settlement between you & your wife and her and her husband then try it and get Mutual Divorce and then go ahead.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Your wife can file for maintenance apart from launching your criminal prosecution for the offence of bigamy.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Nobody will question you if you live with your girlfriend in a foreign country.

There is no law to bring you back to India if you have not committed any heinous crime and escaped the country.

If your girlfriend is a married woman then her husband may lodge a complaint against you for the offences of adultery, but that also may not stretch to the foreign country.

You can remain peaceful in that country as planned.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

I have gone through the chats, I know that mutual divorce is mandatory else lot of hurdles are there, my girlfriends husband is also harass her continue stating we had and affair and same her with my wife, frankly speaking its our problem that we in illegal relationship but still I want to take a step like my wife should not claim for big alimony and being suffer for long years in pain,

Your legally wedded wife is entitled for maintenance if you are not paying her money regularly for her sustenance.

She can claim the same through court of law, however for that you have to be present in the country to contest or to agree for paying her as per court order.

Provided she is unemployed and has no source of income to maintain herself.

Similarly your girlfriend's husband can initiate legal proceedings against you for the offences of adultery, this he can initiate even if his wife has voluntarily living with you on her own.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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