She can takes legal action against husband only under Domestic violence.
Is love an affair with married men ?
I had fallen in love with one man from past 4 years , after 2 years of our love in his house he was forced to marry other girl . By the way he is muslim , im hindu . After his marriage we tried to get far but v both love each others alot .. we didn't have any sexual relationship im still virgin.. after some days his wife saw our conversation thinking v both have affair( in text we had some sex chat but not in real) but his wife thinks we both had sex in real.. now she had complained against her husband for having affair.. now where will this issue leads to.. will he be punished for this.. will police or court calls me for this? Please let me know .
Asked 5 years ago in Family Law
Religion: Hindu
12 Answers
Hi, merely chats are not sufficient to proof that you have a sexual relationship with him ..
See there is no punishment of love affair even after marriage , you and your boyfriend cannot be punished for having affair though the wife against her husband can file a case of domestic violence and cruelty and also can seek divorce.
But there can be nothing against you.
Dear Client,
Having external affair not a crime both for men and girl. So being in physical relation or not have no impact. And police has no role so relax.
Dear Madam,
Fallen in love is not an offence, nothing to worry. you have every option to marry him as he is a Muslim. He can marry you without his wife's consent.
The provision in question (Section 497- adultery ) punished only the man as he was perceived as a predator and seducer whereas the woman was not punishable even as an abettor.
The wife can file complaint against both of you, but offence is binding on the husband only. That too she has to prove the case.
you did not have physical relationship with her husband
2) adultery is no longer an criminal offence
3) no DV case can be filed against you
No punishment. Don't worry
At best, she can only seek divorce from her husband citing before the Court that your husband is an extra marital relationship with you.
Apart from this, there is no legal trouble for your, nor for this guy.
Dear Maam,
- Until you support his wife statement and file complaint against him nothing will happen.
- Police will not take any action against you also as adultery is no more crime in India and being muslim he can marry 4 times so he can take the base of that too.
- Incase needed you can deny to police for any statement as no ground lies with police to take any action against you .
Regards
Vivek Arya
India's top court has ruled adultery is no longer a crime, striking down a 158-year-old colonial-era law. And d man you love has not been in adultery with you as you r unmarried & not somebody's wife with whom he has a sexual relationship. So both of you will not b punished. But since d person is married now it is advisable to break this love affair and move on. Do not keep further contacts with him and also advise him to lead a sincere married life with perfect commitments.
Now a days the adultery is not an offence.
Moreover you are not a married woman that your husband can take any action against him for this.
India's top court has ruled adultery is no longer a crime, striking down a 158-year-old colonial-era law which it said treated women as male property.
Previously any man who had sex with a married woman, without the permission of her husband, had committed a crime.
A five-judge Constitution Bench, led by Chief Justice of India Dipak Misra, in four separate but concurring opinions on Thursday held that adultery is not a crime and struck it off the Indian Penal Code.
Hence you dont worry even if she makes a complaint in this regard, no police will entertain this complaint.
1. No criminal case is made out against him.
2. The utmost his wife can do is seek divorce on the ground of cruelty if she has evidence to prove that he had an affair with you even after his marriage,
