• Extra marital affair

My boyfriend is married and has 2 kids. I'm in relationship with him for 2 years. Now his wife is creating issues in our marriage. One of the eldest child is a specially abled child. His wife ate pesticides yesterday n was admitted in the hospital.
Please advise how can he get away with his wife.
Asked 7 years ago in Family Law
Religion: Hindu

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27 Answers

Section 497 IPC is normally fired by Supreme Court and his wife has only reason to go for a divorce petition and file cases under Section 498 a Domestic Violence Act and she can go for a divorce petition as well in case of any suicide then you can also be charged for abetment to suicide because you are in adultery along with her husband you are not worried about yourself you are worried about your boyfriend it is not good idea to be in relationship with a married man and it seems that you are also married women

 This relationship has no future in a state it will create lot of problem in life of both families if possible please stay away from this

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Best option is to file for divorce by mutual consent 

 

2) if wife does not agree husband should file for divorce on grounds of mental cruelty 

3) wife threatening to commit suicide amounts to mental cruelty and is ground for divorce 

 

 

Ajay Sethi
Advocate, Mumbai
99871 Answers
8149 Consultations

How you can marry him without divorce. Such marriage not valid and extra martial affair not abatement to suicide , still false cases can be file.

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

Wife can file DV case against husband seek maintenance, compensation for mental torture undergone by her , injunction restraining husband from selling his property 

 

2) also file dowry harassment case 

Ajay Sethi
Advocate, Mumbai
99871 Answers
8149 Consultations

Dear Madam,

Unless and until he is divorced, your marriage with him will be void.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

1) Without divorce second marriage is an offence under section 494 of ipc. 

2) After divorce only you both can perform marriage. 

Mohammed Mujeeb
Advocate, Hyderabad
19341 Answers
32 Consultations

1)She can file Domestic violence against husband. 

2)  if both spouses are agree for divorce then they can dissolve the marriage through mutual consent divorce 

 

Mohammed Mujeeb
Advocate, Hyderabad
19341 Answers
32 Consultations

It was not mentioned in your question that he is married for 12 years and Section 498 a has nothing to do with the number of years of marriage only dowry prohibition act is applicable for 7 years

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1) 498a is for dowry and mental harassment by family members.

 

2) Your boyfriend and you may book for criminal act and mentally tortured to her under Domestic Violence act and force to attempt to suicide means it will be held that attempt to kill.

 

3) That totally depends upon her what answer to provide or reason behind her suicide. If she don't provide your and her husband name and don't blame you both than it's ok you are safe otherwise not.

 

4) She can file case against her husband for torturing and harassing that do come under Domestic Violence Act.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Hello, 

1)  He cannot get away as he is responsible for her current circumstances leading up to her attempt to commit suicide. He ought to have entered into a new relationship only after obtaining divorce. 

2)  It is not a question of harming legally, but seeking reliefs as a legally wedded wife. She cab file a DV case and seek residence order and protection order and maintenance. 

3)  She can file a complaint about abetment to suicide and you may also get named as a cause of his cruelty to her. 

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

498a can be file any time, sever years presumption is about dowry death, if women dies within 7 years of marriage. And having extra marital no more crime and due to this she tried to commit suicide, no case on you.

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

He has seek either mutual or contested divorce from his wife without divorce he cannot marry you. Further if she doesnot agree to give a mutual divorce he has to contest same on ground of cruelty.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

She can file case domestic violence and further she can seek maintenace and residence rights from.him and can contest and prolong the divorce proceedings 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See there is no as such limitation on 498a it can be filed after 7 years also the act doesnot prescribe any such limitation.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You are asking confusing questions at a time but I suggest that best way is that your BF apply for divorce which is in favour of all otherwise wife of your brother will make life hell of your BF.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Forget 498A, he will be imprisoned for abatement to suicide. And if she knows about you, she can include your name too.

The only way for him to come out of his wedlock is through a Divorce.

Until then, neither of you are safe from his almighty wife.

 

If at all you get to know she has included your name in the suicide note or in the police complaint, then immediately go for an anticipatory bail.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

1) his wife can file case under DV act against her husband as it is a continuing offence 

 

2) dowry harassment can be filed even after 7 years of marriage 

Ajay Sethi
Advocate, Mumbai
99871 Answers
8149 Consultations

1. Now pray that his wife survives as if she dies then of her family lodges complaint then both you and her husband would be arrested in the charge of abetment of suicide.

2. If she survives then also she can lodge complaint u/s 498A IPC

3. You can not force his wife to give him divorce. If she does not agree then you will have to wait years together with hope that ultimately his marriage would be dissolved and you marry him at last.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

You will not like my answer, but as his child is specially abled, he will never get divorce, there is a judgement pat on point

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

He needs to file divorce and get married to you .no other way. 

Prashant Nayak
Advocate, Mumbai
34585 Answers
249 Consultations

1.   Unless he gets divorced he cannot remarry.

2. The only way for him to 'get away' with his wife is by filing a petition for dissolution of marriage if any of the grounds enumerated under Hindu Marriage Act are made out in his favour. 

3. His wife can hit back by filing 498A if he files divorce. So if he decides to take the plunge then he should be prepared to face all cases which a woman can file against her husband in India. 

4. You are ill informed that 498A is applicable only within first 7 years of marriage.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Madam,

He can file divorce against her on the ground that she is having attitude of sucide and at any time and without any reason she may commit suicide.  He must argue that if such incidents happen then his life will be in danger as such he should pray to the court for granting divorce.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Hi,

His wife can create problems by filing various cases of dowry, domestic violence, maintenance etc. and it is better for your boyfriend to first get the divorce from her and then think for marriage with you. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

What do you mean by getting away with his wife.

Since she is disappointed with her husband's deceitful activities she chose this ultimate decision.

Thank God police did not book him for abetment of suicide.

It is your boy friend who has to decide next course of action.

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

She can lodge false criminal complaint namely dowry harassment and DV case etc.

 

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

IPC 498a is applicable beyond7 years of marriage also.

 

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

His wife can initiate proceedings for Divorce on the ground of cruelty and adultery, provided she has proof of your affair. But i doubt she will do that s that would be giving him what she wants. However, she may seek maintenance from him.  Alternatively, she may also file proceedings under PWDVA, 2005. 

The 7 years bar you are talking about applies to Dowry Death.  498A can be filed at any point during the subsistence of a valid marriage.  

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

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