• Extra marital affair

Hi, I am in a relationship with married man for ten years now... I am not married. Now his wife wants me to leave him, neither me nor he wants to break up.. infact ww tried to break up the relationship. Now she wants to get me arrested, she says she will complain about me having an affair and get me ....arrested .so that I will loose the job... as she knows I am only the bread winner in my family.
Also is there any way he can seek divorce from her...
If so on what grounds he can apply divorce,
Asked 7 years ago in Family Law
Religion: Hindu

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9 Answers

1) your lover wife cannot get you arrested

2)no case of adultery is maintainable against a lady

3) let her claim about your affair

4) you would not lose your job

5) husband can file for divorce on grounds of mental cruelty

6) he has to prove the allegations made in divorce petition to be entitled to divorce3

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

1. The only grounds under Hindu Marriage Act to seek divorce are cruelty, adultery and desertion. If the man you are having a relation with can drive his case within any of these grounds then he is free to apply for dissolution of matrimony in the competent court.

2. If his wife files a criminal complaint under section 200 CrPC for the offence of bigamy then you may face prosecution.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Well, having an extramarital affair with married man is no crime.

2.Had you been married then her husband have been prosecuted u/s 497 IPC.

3.Now neither you nor her husband can be criminally prosecuted in any offence.

4. However since he has a family , it is morally right to leave him alone and you settle with someone else.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Divorce allows a person to break free from an onerous marital relationship. But since marriage is not merely a contract but a very important societal institution. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : Adultery / Cruelty / Desertion / Conversion to another religion / Mental Disorder / Leprosy / Venereal Disease / Renunciation / Not Heard Alive / No Resumption of Co-habitation. etc. Known as matrimonial offences.

But he has to prove his case for getting a decree of divorce.

If a married man indulge in sex with an unmarried woman he will not be liable for adultery under this provision but he will be liable for the act of adultery in civil sense & on the basis of this his wife can seek divorce from him in the family court but cannot get him punished under section 497 of IPC. In case his wife wants to get him punished for this act then it will have to be brought under section 498A I.P.C. according which he can be held liable for committing mental cruelty towards his wife for which she has to prove that because of this act of his she suffered mental harassment amounting to cruelty.

in the moral turpitude better to leave him, the Indian law not supported you.Think such situation happens in your life what will be the sorrows and agonies......The importance of parental fidelity to the psychological well-being of children cannot be underestimated. While an affair is taking place children sense that the parent is expending emotional energy outside the family. As a result the children may become anxious or frightened, or they may sense rejection and feel they have done something wrong.

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

Hi, he can file petition for divorce on the ground of cruelty and if he able to prove the same in the court then he will get the divorce.

2. For committing adultery you are not supposed to go to jail and there may be a change that your friend may go to jail on the basis of the complaint lodged by his wife.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

1. she cannot initiate criminal proceeding against you only on the ground of having relationship with her husband.

2. this is no offence under IPC.

3. unless you solemnize marriage with her husband no offence has been committed by you.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Seeking divorce from her is the problem he can think about.

He cannot mention the relationship between you and him as a reason for seeking divorce from her.

He has to look for some grounds viz., cruelty, non-cohabitation, willful refusal to have conjugal relationship etc.

In any case she cannot make any complaint against you for having an extra marital relationship with her husband.

As per law a woman is not entitled to file an adultery case against her husband too.

Her complaint against you for having extra marital relationship with her husband will not be entertained either by the police or the court because there is no provision in law for that.

If you have married him during the subsistence of his earlier marriage and she proves the same beyond doubt with documentary evidences then you and your paramour are liable to be prosecuted under bigamy laws.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Dear Querist

legally, there is no ground for filing divorce by the husband.

legally, there is no ground of filing any complaint against you but it will be better that the husband should convince his wife and go for divorce mutually.

Other wise, falsely alleged he will has to file divorce case based on the cruelty U/s 13(1)(ia) of Hindu marriage Act-1955.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Hi, Unless the wife of married man has evidence she can take any action against you. In some circumstances, You can not be arrested as you both had agreed sex. In case, there are evidences then it must be reviewed by a lawyer whether that is enough make you arrested.

He can file divorce case against his wife based on some grounds. The grounds are family dependent. we need to have discussion on this.

Thanks,

Adv. Niranjan,

Mobile - .

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

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