• Infidelity

When a woman introduces & infuses a thought of adultery into a married man & then uses him to extract money, vehicle, property, jewelry simultaneously instigates him to get his wife into a swingers group with well established members known to her. A settled family, sound marriage then breaks because of her. 
I can elaborate on this topic only if it's required. 
My question 
1) Is there a law for a crime like this? 
2) Is defamation act helpful? 
3) The man has deserted his family, a wife & two daughters for ten years. The family before & a few times after has gone through physical abuse & constant mental torture continues till date.
Asked 8 years ago in Family Law
Religion: Hindu

4 answers received in 10 minutes.

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12 Answers

1)section 383. Extortion.—Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishon­estly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extor­tion”

2)lady forcing married man to give money , vehicle , property is guilty of extortion under section 384 of IPC

3)384. Punishment for extortion.—Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

4) no defamation case is made out

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello,

1 There is little more clarity that is required on the first question, i.e., you are referring to the crime done by that women or by the husband.

2. I dont think that there is any element of defamation

3. if the man has deserted his wife then the wife has ample of options to exercise right from filing a police complaint to filing a RCR petition to filing a DV case to filing a maintenance case etc.

Regards

Let me know if I can be of any further help.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

and if answer to the first question is in relation to the crime committed by women then she can be held liable for extortion.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

All of these things are being done by both of your consent.. What possible criminal offence is there in it?

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1. Yes, she may booked under several provisions of the Indian Penal Code including extortion.

2. Not really very helpful.

3. There a number of remedies that can be resorted to by this deserted married female. She may file a case of adultery against her husband. Book him for domestic violence and cruelty and also seek from him regular monthly maintenance. Besides, she may also file a case for restitution of conjugal rights.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. If the act is on cosnet of the persons concerned then no allegations can be made again the woman and all of them are equally guilty.

2. If the persons have indulged in the act then no defamation case lies.

3.The wife can file case u/s 498A, 406 IPC and case under PWDV Act.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

"hence it is a matter of defamation"- Sir, sorry but you can not decide what is a matter of defamation or not. To the best of my legal knowledge it has already been told to you that the ingredients of the defamation are not there in the factual matrix as told by you.

Otherwise, the wife has ample of other sections to put the husband behind the bar, defamation is not the only section.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The wife and the daughters must seek maintenance from this man. They can do so by filing a petition under section 125crpc. If they've been abandoned and have been denied residence, they could take recourse to the Domestic Violence Act. Additionally, for any sort of cruelty to which the wife has been subjected to, she may file a FIR against the husband. Action under criminal law lies for defamation as well. She may allege the offense of defamation as well in her FIR.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Your remedy is to file application for maintenance under section 125 cr pc

2) file DV case seek maintenance, right to stay in matrimonial home , compensation for mental torture

3) if husband has maligned your reputation file criminal complaint under section 500 of IPC for criminal defamation

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. In so far as law of adultery is concerned, a woman cannot be prosecuted in the first place for this offence. Only the paramour can be prosecuted for it.

2. A conversation that takes place privately between two persons, which is not published i.e made known to a third party, does not constitute defamation.

3. On a prima facie of your facts reading no offence is made out, but consult a lawyer with complete facts in a chronological order.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Though this may appear as an organised crime, sadly there is no provision in law to punish such offenders.

They have not done any crime as per law.

There is defamation case maintainable either.if the wife and children were deserted then there are legal remedies for that.

There are provisions under different laws for various reliefs.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The wife has been meted out with tortures and cruelties.

This is criminal offence, remedy for which is available under provisions of various laws.

However defamation case is not maintainable

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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