• Dating during divorce

Hi,
My friend is 40 and working in M&C. His wife also working in a college in Bangalore. They don't have any children for last 10 years. They are always fighting as his wife did not want to stay with his parents. My friend Atanu, filed a divorce in 2013 for above reason. But, Atanu's wife did not take divorce summon and filed 498 (after a month) & DV (after 4 months) against him and his parents . Because of 498A, my friend went to jail for 8 days. 498A & DV is all are false cases (eventually it will be proved) as their lawyer did not appear in the court for proceeding (delaying for different reasons). Atanu filed a case (squashing) in High Court for proper investigation of 498A case as Police had submitted charge-sheet without investigating anything.
Their divorce also delayed for 4 years as they went to high court for a simple verdict (amendment of 498A / DV into original DV petition) from family court. High court's order in Atanu's favour (amendment granted) but time is already gone for 3 years. Now trial will be started from next month. 
My question as follows:
1> How does he speed-up the Divorce case and other false cases as well?
2> My friend recently dating with a unmarried girl for last few months. 
 As I understand, his wife can't file adultery case (IPC 497) as it says "Only a man who has consensual sexual intercourse with the wife of another man without his consent can be punished under this offence in India"
 a> Is my understanding correct? Is dating harm to his divorce case?
 b> Is his wife file 498 A again of cruelty ground?

Thanks,
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

1) seek HC orders for expedited hearing of divorce case

2) wife cannot file adultery case against husband

3) 498A case is already filed , no fresh 498A case can be filed against husband

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Dating is not harmful to his divorce case

2) to obtain divorce you have to prove allegations made in your divorce petition

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

1> How does he speed-up the Divorce case and other false cases as well?

If he finds an inordinate delay in the trial proceedings, he may approach high court seeking direction for an expeditious trial.

2> My friend recently dating with a unmarried girl for last few months.

Dating is a decent word for the adulterous or extra marital affair which would be correct term while he is still married to his spouse.

However there is no legal infirmity in it.

He should be careful that he do not marry this person before the court dissolves his marriage with his wife.

Also if the that woman is married then there are chances that her husband may file a complaint agaisnt this person for the offence of adultery.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

As I understand, his wife can't file adultery case (IPC 497) as it says "Only a man who has consensual sexual intercourse with the wife of another man without his consent can be punished under this offence in India"

Your understanding is right.

a> Is my understanding correct? Is dating harm to his divorce case?

Dating with another woman cannot hamper his divorce case in any way.

b> Is his wife file 498 A again of cruelty ground?

No, it is not maintainable.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

1> If he does live-in relationship with his girlfriend, is that harmful for him i.e, is his wife can file any other case other than DV/498 / 497 for live-in relationship?

She cannot file any case against her husband including adultery case

2> Is live-in creates problem in his divorce ?

No this will not create any problem for his divorce case.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

if he has live in relationship with his girl friend wife cannot file any other case than 498A/DV case already filed by her

2) pending divorce husband avoid live in relationship . it is better to have discreet relationship

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

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