Sorry, this lawyer can't accept your request, but you can request consultation with another lawyer
  • Husband - external affair

Dear lawyers,
I am from Bangalore.. but my marraige held at tamilbady..since 12 years we had been married..now hes having extra affair with Delhi women whom she divorced lady..when I told to women that I am still living with my hubby she doesn't want to leave instead asking my hubby to give divorce to me.still they r in contact through video calls..planning for secret marraige and before marraige planning to have sexual relationship so that he cant leave her and go..but when I ask about their relation he s saying not willing to give divorce u can stay with me st the same time I ll marry her..but i knew he wants to do marraige on January month at Delhi ...secretly...still women parents supporting in this...I don't want to give up my hubby..pls help me to find a solution..tTIA
Asked 7 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

Hi, the second marriage will be null and void as per Hindu marriage act ...Fuether , you can register a FIR under 494 and 495 IPC for performing second marriage 

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

You should approach the nearest women cell of a police station or file a case of Restitution of conjugal rights in the court. 
Once you approach the women cell of police station, police will counsel him 
Alternatively a restitution of conjugal rights petition will also help in getting back your husband

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1) Tell your husband that first you are to file adultery case against him and later on Bigamy if he marrys with that women.

2) Tell him later on he will be in big trouble as you will be not living with him and will ask to pay you huge alimony and monthy maintenance amount.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You should not divorce your husband 

 

2) if he marries during subsistence of earlier marriage file case of bigamy against your husband and girl under section 494 of IPC 

 

3) gather evidence about his second marriage 

 

4) if your husband deserts you after second marriage file DV case against husband seek right to stay in your matrimonial home , maintenance, compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Mam see at this point you dont have much option as such see if they remarry you can seek divorce and file a case of bigamy but you cannot restrict there relationship as such. You can file a case of domestic violence and of mental cruelty upon the husband and can pray for restraining him from second marriage before court. 

 

But see the real thing is you cannot force him in this relationship so you need to talk to husband and correct everything or leave him and lead a peaceful life.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

 

Dear Madam,

File number of cases against your husband and that woman. Get injunction order against your husband restraining him from marrying for second time. Before making any issue be financially strong and collect documents of your husband like property, income tax, educational certificates etc., In the meanwhile collect full information of that woman. Put a DV case and section 125 CrPC case against your husband. He cannot marry if you are strong mentally.Please go through the following which are relevant to you.

================================================================================

Marriage and Family matters:

·         The Prohibition of Child Marriage Act, 2006 defines a ‘child’ as a boy under the age of 21 and a girl under the age of 18. This means that the marriage of a girl below the age of 18 is considered to be child marriage and is prohibited by the law. There are certain contradictions to this rule in personal laws. However, it is important for you, as parents, to understand the importance of encouraging your daughters to continue their education and empowering them in other ways rather than marrying them off at a young age.

·         The Medical Termination of Pregnancy Act, 1971 lays down the law regarding abortion in India. Right now, it is not easy to get an abortion even in cases of rape as this Act sets a number of conditions. However, this Act is soon to be amended.

·         Domestic violence is prohibited by law and is considered to be a criminal offence according to S. 498-A of the Indian Penal Code. Certain provisions in the Indian Evidence Act and the Criminal Procedure Codealso deal with this issue. Finally, a legislation devoted to this issue was enacted in 2005 – The Protection of Women from Domestic Violence Act.

·         Another common problem faced by married women is harassment from their in-laws for dowry. To battle this social evil, the Dowry Prohibition Act, 1961 was enacted, criminalising this practice. However, it still continues. It is important that parents do not give in to societal pressures and ensure that they do not provide dowry in any form.

·         While Indian law does not criminalise pre-marital sex as long as it is between consenting adults, there are no laws regulating live-in relationships. However, courts have developed laws on this subject through decisions in cases to such an extent that the law against domestic violence applies to couples who are in live-in relationships and children born out of such relationships are treated as legitimate in certain circumstances.

Sexual Abuse and Exploitation:

·         Various forms of sexual harassment such as singing lewd songs, eve-teasing, making sexual advances in spite of refusal, watching, capturing or sharing images and other media of a woman engaging in a private act without prior consent have all been criminalised by the Indian Penal Code. There is an entire legislation dedicated to sexual harassment in the workplace – Sexual Harassment of Women at Workplace Act, 2013.

·         As parents, it is important that you are aware of your daughters’ activities on the Internet. Today, many crimes against women are committed by sexual predators through online portals. Online harassment of women is prohibited under S. 67 of the Information Technology Act.

·         Any indecent representation of women is banned by the Indecent Representation of Women (Prohibition) Act, 1986. This law, as it is considered to be too narrow for this day and age, has undergone certain changes and an Amendment Bill was drafted in 2012 which broadened its scope.

·         Ss. 375 and 376(2) of The Indian Penal Code criminalise rape. These sections spell out 7 years’ and 10 years’ imprisonment, respectively, as the punishment for rape. The key feature of these sections is the requirement for consent by the woman in question for the act not to be considered as rape. Thus, as a parent it is important that you explain the concept of consent to your daughters at an early age. Intercourse with a woman of unsound mind or a girl below 16 years of age is considered to be rape irrespective of consent being given. Unfortunately, marital rape has not yet been criminalised.

Property Laws:

·         While traditionally, the rights of women with regard to succession and inheritance of property in India were next to non-existent, as of now, according to the amendments to the Hindu Succession Act in 2005, daughters have been given the same rights as sons with regard to inheritance and succession.

·         The Indian Succession Act does not differentiate between the heirs of the deceased.

·         Muslim women enjoy rights of inheritance though limited to some extent by custom and practice.

Women in the Workplace:

·         Women in India have the right to earn as much as men and gender discrimination is also prohibited at the time of recruitment. Ss. 4 and 5 of the Equal Remunerations Act, 1976 lay down the law regarding this.

·         The Maternity Benefit (Amendment) Act, 2017 has brought about certain groundbreaking laws which concern working women including the increase of paid maternity leave from 12 weeks to 26 weeks (S.5(3)) and ‘work from home’ options for new mothers (S.5(5)).

Organisations that help:

There are a number of organisations that work for the upliftment and protection of women such as the National Commission for Women, One Stop Crisis Centres (or) Nirbhaya Centres, National Association of Rural Women India, etc. There are also a number of NGOs working for women’s rights. Please keep your daughter informed of these organisations so that she knows who to approach in case of a crisis.

While keeping your daughter informed of her rights is a basic obligation of every parent, it is also important that you take a more active part in ensuring that your daughter has a better and happier future. By taking steps such as not providing dowry and by shifting the focus from marriage to education, you can do your part in breaking a cycle of abuse that has been going on for centuries. However, to ensure a complete change in society’s views on women, it is essential that you teach not only your daughters but also your sons to recognise the problems faced by women today and how to treat women with the respect that is their due.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. Well, second marriage without divorce from first wife is a crime for which a FIR under section 494 IPC can be filed.

2. You can also lodge complaint under section 498A IPC along with case under PWDV Act seeking maintenance.

3. Talk to your husband in private and take him to some far away place to keep away from the influence of this lady. Talk to her family memebrs to make them understand in this way no valid marriage can be performed.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Collect all evidence related to affair  and planning of marriage 

As per hindu marriage act second marriage without divorcing first is null and void so do not proceed for divorce immediately

Complaint to nearest women cell of police ,you can file case of adultery ,

After his second marriage you can file case of bigamy

First warn him that he may face lots of trouble like huge amount of  alumni & maintenance 

Dimple Jain
Advocate, Jodhpur
222 Answers

Without giving divorce to you, he can't enter into a second marriage . Bigamy is a crime in India. At any time you derive knowledge of his second marriage with this delhD female, approach the Women helpline cell and Lodge a criminal complaint against yiuy husband

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

you can file divorce on the basis of adultery. you can also file complaint for bigamy if he marries her. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Client,

Without divorce second marriage is void, you can file criminal complain of bigamy against him.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear client.. give police complaint against that lady and her parents...and keep all evidence of their video calls.. phone calls.. chatting history ect.. and file a case against her .

Kavery Anand Pandharpurkar
Advocate, Bangalore
342 Answers
12 Consultations

A husband or a wife having extra marital affairs with a third person is not a crime as per supreme court's latest judgement.

However the spouse entering into a marriage with a third person during the subsistence of the previous marriage and the spouse living then it can be termed as an offence under section 494 IPC  called bigamy.

You can decide about your future and take wise decisions.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer