• I am married man living with unmarried woman for last one year

I am married man. Married before 9 year's. I have two girl child with 1 year and 9 year old age. Now days I am in affair with unmarried girl from last 1 year. My wife have know about it. And see have got some photos of my and my girlfriend. Me and my girlfriend stand side by side in those photos.
One single photo captured by girlfriend with wearing mangalsutra But I am not with her in this photo see is single in that photo. So if my wife wants to complement agensnt me then what type of criminal case will stand agenst me.
Asked 2 years ago in Criminal Law
Religion: Hindu

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33 Answers

She can file a complaint under section 494.ipc the offence of bigamy when your are married and you do second marriage than it is offence under Indian penal code.

So wife will try to prove that you are married to the second girl.

Section 494 in The Indian Penal Code

494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

(Exception) —This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

Now.since you are not married to second girl and there is no evidence other than photo than you can take.defecne she is just friend and you have no marital relationship nor you have married by tradition nor under any law.

Also she can file.offecne under 498a that is cruelty by husband or in-laws and for domestic violence under protection of women from domesntic violence act on you.

Kindly be specific what you want to know there can be number of more cases that she can be filed though in course of trial all can be.proved false.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

None.

She cannot have you punished for what you are describing. While one form of adultery is indeed a criminal offence liable for punishment under the Indian Penal Code—one where the wife cheats on the husband with a third person and the said third person becomes liable for punishment—the type of adultery you are describing and partaking in isn’t punishable. But not only is this socially unacceptable, your wife can file for divorce over what you have just described.

Pulkit Chandna
Advocate, New Delhi
189 Answers
3 Consultations

4.9 on 5.0

1) wife cannot file criminal case of adultery against you under section 497 of IPC

2) she can file for divorce against you on grounds of adultery make your girl friend co respondent

3)no case of bigamy is maintainable as you have not married your girl friend

4) she may file DV case against you

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

1) Adultery and bigamy case can be filed against you.

2) Secondly second marriage or external marriage affairs is a crime as per hindu law.

Ganesh Kadam
Advocate, Pune
11745 Answers
114 Consultations

4.9 on 5.0

if a married man having illegal affair with an unmarried woman and who is major, is not guilty of offence of adultery but his wife can have divorce on the ground of cruelty (mental) arise of illicit affairs.

As far as the women is concerned with whom the married men has been indulged in the affair can also a file a complaint against the married men on the ground of Cheating under the Indian Penal Code.

mere photo could not revealed as an affair .

Ajay N S
Advocate, Ernakulam
3660 Answers
74 Consultations

5.0 on 5.0

1, The photos your wife can not proof that any affair is having between two of you.

2. So there is nothing to worry about these photos.

3. however she may produce witnesses in court who can testily damaging evidence against you about your affairs and those are more valuable evidence than any photographs or documents.

4. So be aware or severe this relation to save your marriage or till you get divorce from your wife if you are thinking in such terms..

Devajyoti Barman
Advocate, Kolkata
21787 Answers
318 Consultations

5.0 on 5.0

If you have not married that lady you can be charged only in adultery by your wife and in case you're a married without the divorce you will be charged for bigamy.

Adultery is a police investigation and it can be proved by the police if you are involved you need to take action well before things go wrong and you get into trouble

Vimlesh Prasad Mishra
Advocate, Lucknow
6793 Answers
23 Consultations

4.9 on 5.0

Hello,

Criminal case of cheating and criminal intimidation can be filed against you.

Regards

Anilesh Tewari
Advocate, New Delhi
17850 Answers
315 Consultations

5.0 on 5.0

Dear Client,

Married men having extra marital affair, no criminality,

But the marrying again while subsisting first, criminal can be filed of bigamy u/s 494 IPC.

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

No criminal case can be filed against you by your wife, in case your girl friend is a spinster.

However, your extra marital relationship is a ground for your wife to take divorce from you.

Vibhanshu Srivastava
Advocate, New Delhi
9132 Answers
181 Consultations

5.0 on 5.0

1. Wife can file DV case, Cheating case.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5487 Answers
25 Consultations

5.0 on 5.0

Dear,

There is no punishment in Indian law for having affairs ( legal or illegal ) for having affairs

with unmarried girl including physical relation as long as with the consent of both the adults.

Legally wife can raise objection and file the report if you don't fulfill her daily needs and there

is a case of bigamy.

So right now if you are not married with that girl you are safe.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

sir

your wife cant file any criminal case on the basis of these facts.

but she can file false case of cruelty and dowry etc.

Rajesh Kumar Parmar
Advocate, Shimla
34 Answers
1 Consultation

4.2 on 5.0

The extra marital affairs by you with another woman is not a criminal offence provided she is a married woman and her husband lodges a criminal complaint against you for the offences of adultery.

Your wife cannot make a criminal complaint on this

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

She can file an FIR against you, she can file for divorce and maintenance. If you do not wish to live with your wife, you can take the first step and file for divorce.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hello

Your wife can file criminal case against you like adultery, cheating, cruelty.

Vikas Musale
Advocate, Pune
10 Answers
1 Consultation

4.0 on 5.0

You cannot force wife to stay with you

2) if wife files for divorce file detailed reply denying the allegations made in divorce petition

3) burden of proof is upon wife to prove allegations made in divorce petition

4) you can file petition for RCR under section 9 of HMA

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

Once the RCR is filed she has condoned your acts of adultery, if any and hence the suit for divorce does not lie.

Suit for divorce will lie only if the acts of cause of action occurs after the filing of RCR.

Devajyoti Barman
Advocate, Kolkata
21787 Answers
318 Consultations

5.0 on 5.0

If she files an divorce then you have to defend it by denying all the allegations and your wife has to provide proof before court that there is adultery and cruelty on you part. You can contest the divorce.

Also before her filing divorce you can file for restitution of Conjugal rights in case mediation in RCR is successful and RCR is allowed then she wont be able to take these grounds in divorce till there is no cause of action after RCR

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

Police would issue you notice under section 41A IPC to record your statement . There is no automatic arrest in dowry harassment case

2) Apply for and obtain Anticipatory bail from sessions court

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

You can do the following:

1. If do not wish to live with your wife, then file for divorce;

2. If you wish to save your marriage then file for RCR. RCR will take part in civil proceedings before civil court, whereas FIR will be investigated by police which is criminal investigation;

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Since after the judgement of Hon'ble Supreme Court there is no direct arrest in 498A and domestic violence act police shall issue notice for presence along with that matter shall be referred before the Family committee.

Also after FIR also you can file a RCR try to convince your wife so that she does not press charges

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

You can’t eat your cake and have it too. This is not a legal question; it’s a question of personal choices. You can’t expect to live with your girlfriend without it having an impact on your marriage. Make your choice, my friend.

Pulkit Chandna
Advocate, New Delhi
189 Answers
3 Consultations

4.9 on 5.0

1. Can I fill RCR after FIR

Answer: No you cannot file RCR after FIR. On one hand you say you want to save your marriage through RCR. Then how can you file an FIR?

2. 2. what will happen if I not present in police station if they issued me notice to record my statement regarding my wife's FIR. but I apply for anticipated Bail.

Answer: The Police can issue a summons to ask you to be present before the police station. Yes do file for anticipatory bail if she files an FIR against you.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

You can file RCR after FIR

2) you must cooperate with investigations

3) you would need copy of FIR to apply for AB

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

If my wife file for FIR and then if she goes for divorce filling on the ground of adultery, Cruelty then how I will save my marriage?

Your wife cannot lodge criminal complaint against you for adultery offence, because the wife canot lodge any complaint against husband for this reason since it is not a crime.

If she has filed the divorce case on the grounds, of adultery, she has to prove the same beyond doubt with documentary evidences or else her case will be dismissed.

You may not let down any evidence to prove this.

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

What will happen if my wife file FIR before I filling RCR

A complaint for adultery will not be entertained by police, but if she bribes them, they may register a different false case deviating the main issue. However that cannot stop you from filing RCR case.

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

1. Can I fill RCR after FIR.

Yes, you can.

2. what will happen if I not present in police station if they issued me notice to record my statement regarding my wife's FIR. but I apply for anticipated Bail.

There is nothing wrong in it even if you do not attend the police station provided you have already filed a petition seeking anticipatory bail.

You can visit the police station after obtaining AB.

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

1. You can not avoid registering FIR and if it is done then you can apply for anticipatory bail which is easily allowed.

2. You can attend such notice under section 41A CrPC as there is no scope for your arrest.

Devajyoti Barman
Advocate, Kolkata
21787 Answers
318 Consultations

5.0 on 5.0

1. Yes you can file.

2. If you get an anticipatory bail than court always impose condition to make yourself present for investigation. Though there is no direct arrest you should record your statement police on first before FIR itself try to reconcile the matter in meantime AB can be obtained.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

If u will not present before police , will get arrest.

RCR can be filed anytime.

If u want to save your marriage, apologize , and make a new start.

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

If she files a FIR then obtain anticipatory bail at the earliest and after perusing the grounds of FIR consult a lawyer and file a petition for FIR quashing

Anilesh Tewari
Advocate, New Delhi
17850 Answers
315 Consultations

5.0 on 5.0

RCR after FIR will be of no use.

If you do not appear before the police then the warrant will be issued and you might get arrested.

Regards

Anilesh Tewari
Advocate, New Delhi
17850 Answers
315 Consultations

5.0 on 5.0

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