• Can my boy friend wife file a complaint against me?

I am happily married but i had an affair with an office colleague 3 months ago. His wife got to know and she started torchering him and tried to spoil his and mine reputation in office and society. He has filed a divorce now but she is not ready to sign the divorce paper. She belongs to SC & ST caste and blackmailing that she has got special prevailages and will sue both of us. Their case is going on in family court but she now wants to file a complaint on me that i have an illegal affair with him. She appointed a SPY to tracking all the locations we are visiting. we do not have any personal pics with each other as such. I am so scared bcos she is a SC lady and she can go to any level to sue me.
Asked 4 years ago in Family Law
Religion: Christian

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13 Answers

adultery is no longer an offence 

 

2) she cannot file case of adultery against you 

 

3) further no DV case is maintainable against you 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

She ma go ahead and file a complaint against you. But when the local police calls you for investigation, please co-operate with them for the investigation.

 

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

Hi,

You nerd not afraid and take proactive active by filing informatory application against her of threatening and blackmail. It is informed that affair after filing of divorce petition are not so bad and you may find some favourable judgment of even supreme court in this regard. Also evidence gathered by private detective are not accepted in good conscience by court. However, you're suggested to be vigilant and don't hesitate in filing complaint against detective if you find that someone is invading your privacy.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

See she cannot file any complaint for adultery against you , also on above mentioned facts no complaint is maintainable against you.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Madam,

No, she cannot complain against you.

On the other hand, the woman whose husband indulged in adulterous behavior had no remedy either against her husband or against the other woman who could be married, unmarried or widow.

The provision in question (Section 497) punished only the man as he was perceived as a predator and seducer whereas the woman was not punishable even as an abettor. Societal norms decree monogamous behaviour among married couples and indiscretions are censured. Proving adultery as a crime in a court of law is extremely difficult as that would need proof beyond reasonable doubt of the parties complained against having actually committed sexual intercourse

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.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Having an external marital affair, no offense. No privilege being SC in such situation. Feel free.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

So for adultery is concerned it is removed and consensual relationships are not termed as sexual offence and is not punishable so any e FIR in this that cannot be lost of course adultery can be used as a basis for getting divorce and it can be used for this purpose only increase your facing any such problem of defamation then you have to write to file a complaint under section 499 and 500 of IPC against the lady even if she is SC and ST this is not going to affect your rights as a human being

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. Adultery is no longer considered as a crime u/s497 of IPC as per the Judgmenet passed by our Apex Court.

 

2. So, for running an affair with her husband, no case can be brought against you.

 

3. However, both of your said activity can be considered as an act of cruelty by her wife and your husband being a valid ground for seeking divorce.

 

4. She being a S.C. member can file a police complaint alleging that you have insulted her for being a S.C. which will be dealt with as per S.C./S.T. (Prevention of Atrocities) Act.

 

5. As per the above Act, police used to arrest immediately requiring 6 months to get bail but as per last Judgment passed by the Supreme Court, such arrest without investigation has been stopped.

 

6. You can lodge a police complaint against her alleging that she is is threatening you to lodge false complaint as per the said S.C//S.T. (Prevention of Atrocities) Act. since her husband has filed a divorce suit against her unduly attributing the reason for such filing of divorce suit by her husband on you.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Don't worry she can't harm you at any cost because the same women rights you also have except sc-st caste.

Before she files complaints against you. You cam file defamation case against her.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

she cannot file any complaint against you. incase if she file complaint, case is not maintainable. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The extra marital affair with your boyfriend is not an offence.

She cannot take any criminal action against you nor against her husband for this offence.

Hence you need not be worried on that count.

Supreme court has clearly passed a judgment stating that there is no illegality in such relationship outside marriage

Hence you need not be worried about it, but she may try to offend you by filing any false cases against you in the name of caste, you got to be careful about that aspect alone.

 

T Kalaiselvan
Advocate, Vellore
84712 Answers
2172 Consultations

5.0 on 5.0

1.She cannot file any complaints against you until you say her some word specifically targeting her SC St category. 

2. Case of adultery cannot be filed against you by her 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

She can sue you separately for destroying her marrital life. She can also slap charges under the sc st act. Therefore try to reach to a negotiated settlement with her. Get away from that office.

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

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