• Adultery legal in India?

What does Indian law says for extramarital affair, is it ground for punishment after defuncting the Section 497 - Adultery law? My husband is having affair after 24 years of marriage, I think he also knows about this law and that's why he is set tension free that law cannot take any charges against him. He is way too confident that law can't do anything. So even though I have proofs against him which proves that he is having an affair, can I do something legally to punish him or is there nothing? Is divorce is the only option? Is it legal to have extra marital affair in India? He is having an affair with widow who is nearly 30 years of age having 2 children. My husband's age is 56. What can we do against him? Please suggest.
Asked 6 years ago in Family Law
Religion: Hindu

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38 Answers

Husband was never accused of adultery but only men who have physical relation with married women. Which is also abrogated now.

But adultery is valid ground of divorce and to claim maintiannce.

Having external affair is personal affair of person. No interfere of employer, still cam complain to higher authority,  disciplinary action can be initiated.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Adultery was once a criminal offence and was punishable. It only punished men for the act. Now it is mo longer an offence. But yes it is still a ground for divorce.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

As he is a government official you can lodge a complaint in his department and inform the head and other higher ups of his behaviour. He will be suspended.

It is a ground for divorce an you can demand alimony from him.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

  1. As you have very rightly yourself pointed out, adultery is no longer a penal offence in India.
  2. However, adultery is not something which is legal. Hence, matrimonial remedies are available to you. 
  3. The most obvious matrimonial remedy is to seek divorce. However, there are few others which may suit your purpose. 
  4. To examine scope of 3, I would require exhaustive consultation session with you first. Only then any further advice can be offered. 
  5. I'm willing and prepared, not just to advice, but also to act as your counsel and plead for you before the family Court. 
  6. I'm based in Mumbai/Navi Mumbai just as you are, and so it shouldn't be much difficult for you to visit me for exhaustive consultation.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

No he cannot be punished for adultery it is just ground.for divorce. 

Divorce is only option.

See if there is violence and cruelty you can filena.domestic.violence case but for adultery he cannot be punished.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Take.divorce and seek alimony and maintenance from.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes, under adultery you can file case against him and punish as well.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) you can file for divorce on grounds of mental cruelty and adultery 

 

2) you can also file DV case against your husband 

 

3) adultery is no longer a criminal offence 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

If he is well now, the Government canot expect its employees to be doing something which is illegal. You should give a complaint nevertheless. Maybe a fear of bad reputation would deter him.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

First, you insert your name on Provident Fund account as a nomination and at the time of retirement hand over gratuity and part PF amount in your and children present.

 

In this age don't go for divorce..Kindly visit his office and take all information of retirement procedure and full n final amount. Because he is not mentally fit. Try to involve your name and your children everywhere in all accounts and property.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The Rajasthan High Court has ruled that the state government cannot initiate departmental proceedings against a government employee for being involved in an extra-marital relationship.

The single-judge Jaipur bench of the court was hearing a writ petition filed by two police personnel — an inspector and a woman constable — who were suspended in March 2001 for allegedly being involved in an extra-marital affair. The couple, as well as the woman’s child, were also directed to take a DNA test. The court had stayed the suspension order and departmental proceedings till the disposal of the writ petition.

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Husband would not be dismissed from service for having extra marital affair 

best option is to file for divorce 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Age of parties is immaterial 

 

2) court would award you divorce if you are able to prove allegations of adultery 

 

3) you have to make his lover co respondent in divorce case 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Adultery is a ground for divorce. If you have  the proof and are not willing to live with him there is no reason why the court won't allow the divorce.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Government cannot suspend him for this matter.

No such applications are entertained by government bodies.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You have to create scenario in front the court and you are only the well wishers of him. If you apply for divorce in the court and if court takes time till his retirement and later he fix in his mind not to give any single penny or cash to you which will be laying in his account after 5 years or he may take volunteers retirement. 

 

Think before 1000 times filing the divorce case as he will be getting huge amount from government gratuity and Provident funds. 

 

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

See on ground of adultery along with proof of adultery you can file divorce if he is not ready for mutual divorce though yes it may take 2-3 years to reach to decision.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Warm greetings!!

Dear madam!!

In such case divorce is the only option you can go or you can reside with him amicably. 

However government is no were connected to personal issues and have no right to take action against it ; it's not worth lodging a complaint against him!!

You can resolve the issue amicably!!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Legal fees vary depending upon the lawyer engaged by you 

 

2) you can claim litigation costs from

husband 

 

3) seek Rs 25k interim maintenance from husband 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

If you have proof of his adultery, court will grant divorce. His objection shall be reject by court. Court cases takes time but you can also claim maintiannce silumtaneously, litigation cost will meet from it. 

Age has no application for filling divorce and wife is entitle to 25% of his net salary or one time alimony.

Both parties have to bear own cost of litigation but you can pray for litigation cost from him. Some amount court will grant but at final disposal of case, till than manage with interim maintiannce.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

All the expenses are borne by the husband. The court orders that. An application has to be filed in this regard.

Maintenance should be around 30 k per month.

A lump sum amount ie alimony should be around 30 lacs.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Maintenance will be barred by your husband as it's his right and if you proof that your husband salary is 10k then maintenance will be on higher side..

However filing a divorce petition against your husband is your decision and you have to bare all the expenses of legal and it reach out to around 2 to 3 lakh rupees as legal expense.

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

If you go for divorce filing:

  • If he received summons till court order him to pay maintenance to you and children. In meanwhile period from filing till order (3-4 years) you can't force him pay monthly maintenance money.
  • When court passes interim maintenance order from that month you are eligible. Whether he pays monthly or lumpsum after 6 months depends upon him, even here court can't force him because he is not denying to pay any payment.
  • Initial you have to bear all legal n court expenses once you win the case court may or may not grant legal cost of winner party. It's sole discretion of judge and situation of facts and figures of the case.
  • You and both children including 3 will be eligible for maximum 35% of his net monthly income for monthly maintenance including education expenses and son will be entitled till 18 years and daughter till marriage for maintenance after that it will be stop.
  • If you don't want to give lawyer fees for filing divorce case than go for PIP i.e. Party in Person. I will help you from filing the case till pleading the case till final order.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Adultery is no longer considered as an offence as per IPC as adjudicated by the Supreme Court.

 

2. So, there will be no charge on him to punish him for his said act.

 

3. However, his said act will be considered as an act of cruelty on you for which you can seek decree of divorce.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. You can not bring any false complaint/charge against him to punish him.

 

2. If he marries that lady then you can bring the charge of bigamy u/s 494 of IPC punishable for a maximum period of 7 years with or without  fine.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1.Government or his office has no right to punish him for an act which is not considered as an offence as per Indian law.

 

2. So, lodging the said complaint to his office will be of no use to you.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Divorce is the only option for you now if you do not want to stay with him now.

 

2. If his extra marital affair can be proved, your divorce application will be disposed of faster.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Filing of divorce suit might take Rs.50 K to Rs.80 K depending on the lawyer and appearance fee per day's hearing might be Rs.5 K.

 

2. It might take 1 to 2 years to get the decree of divorce.

 

3. Meantime you can file an application claiming maintenance which will be 1/3rd of his net monthly earning.

 

4. In the maintenance application  you can claim cost also.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

- As per the Supreme Court judgement, Adultry/extramartial sex is not a criminal offence in India, But it is a ground of divorce.

- No,dIvorce is not single option to punish the husband , if you want to continue with him peacefully, specially being 50 years old.

- You should file a complaint under section 125 CrPc for the maintenance for yourself and the childrens after mentioning that , due to his extra marital affairs , he neglecting you and not maintaining family.

- Further , you can also file a complaint under the provision of Domestic Voilence Act, on the same ground , and here in this case , you can give the name of widow as well .

- When you will file these cases , he will himself surrender before you , otherwise his salary will be attatch forever in your favour. 

- I will not suggest you to file a case of divorce against him ,because it will take time , and may be result will nil.

- Follow the above as i mentioned above , your all the problems will be solved.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

See you can file a divorce and for the expenses it would be as per advocate you engage. Further you can claim maintenance and legal cost from the husband court may order interim maintenance and legal expenses. 

See court may grant you 20-25 percent of his salary as maintenance along maintenance for children's.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Presently there is no criminal offence and punishment for adultery. Only divorce can be filed on that ground

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Madam,

There are few scenario’s which are to be considered while considering the crime and punishment.

  1. Married man(A) having affair with another women, who is married and staying with her husband(B). In that case, the B can file the case of adultery against A.
  2. Married man(A) having an affair with another women, who is either unmarried, divorced or widowed. In this case no crime has happened.
  3. Married women (MW) having the affair with another man(A), irrespective if he is married or not, then the husband of married women can file the case against A.

Now coming for the crime, the case is registered only on the man and not against the women. So there is the punishment only for man. If the man is married, then the punishment is minimal.

Generally, adultery or extra marital affair is seen as the moral wrong.

 

If you are the wife, and it is your husband who is involved in an extra marital affair, you too have no provision in this code to hold your husband criminally liable for his disloyalty. Unlike in the above scenario, where at least the outsider had a criminal liability, in your case, not even the woman with whom your husband establishes a sexual relationship outside the marriage can be prosecuted under this code.

 

To understand the legal position of India with respect to the extra-marital affairs, it is important to understand the position of the Indian Penal Code, 1860 (IPC).

The IPC in the Section 497 states:

Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case, the wife shall not be punishable as an abettor.

 

It is better to  file Domestic Violence case seeking following reliefs:

 

PRAYER

                HENCE THE APPLICANT HUMBLY PRAYS

  1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
  2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
  3. Pass orders u/s 18, in totality against Respondent1 to 3,
  4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
  5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
  6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
  7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
  8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

 

At this situation after repealing of section 497 IPC adultery is not a criminal offence.

So you cannot take any criminal action against your husband.

Now at this stage divorce is the only option left if your husband is in adulterous relation.

If you have proof then divorce case will not take much time to dispose off.

for expenses of litigation cases can be claimed from your husband through section 24 HMA.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Having an extra marital affairs with another person by your spouse is not a crime, though you cannot claim it to be legal.

In fact having an extra marital affairs by the husband a=with another female who is not a wife of somebody was not a crime even before the law on section 497 IPC was repealed.

Therefore you cannot do anything about it, if at all you are agitated over it then you can leave his company permanently by filing a divorce petition on the same grounds.

There is no law to punish an individual who does such acts as per his desire which is termed as his rights.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Your excitement do not find place in law, you cannot initiate any such action to punish him for his this conduct 

You can file a divorce case if you do not like his conduct or character due to this affairs.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

No complaint from you in this regard will be entertained by bis office or the police becasue it is not a crime and it can be termed as his own and private affairs which do not harm or hamper his service.

Hence you may decide what next

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

The divorce is the only option before you since you cannot tolerate this anymore.

But you may have to collect evidences for his extra marital affairs and they should be substantial because he should not deny that and the court should not dismiss your divorce case for want of proper and substantial evidence.

No doubt the divorce case may take at least three to four years to get disposed but you cannot help it.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

If you file the divorce case it is you who have to pay your lawyer his fee.

The lawyer fee can be known from the lawyer who you may be engaging.

You can file a maintenance case also along with your divorce petition and also a separate maintenance case under section 125 cr.p.c. and also under domestic violence case.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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