• Before marriage affair

I have been married and I found that my husband had talked with married women before 2 years of our marraige. Can I file a complaint against him.
Asked 5 years ago in Criminal Law
Religion: Hindu

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32 Answers

What do you think that for progress of a person one should live in past or look forward. 

Do you think that talking alone to a married person is a sin?

In connection with his job or profession he must be doing this frequently to many married ladies. What is your take on this? 

In a nutshell concentrate in your marriage than ruining it.

NO COMPLAINT LIES FOR HIS ACTION. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. See the affair is prior to the marriage for same no police complaint is maintainable also same is not ground for the divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Affairs before marriage are immaterial 

 

no case can be filed against your husband 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

No complaint is maintainable. 

Now a days the extra marital affairs is not an offence. 

A man or woman having illicit relationship even during the subsistence of their married life is not a crime. 

Therefore your thoughts of giving a complaint about his pre marital affairs would not be entertained even by police. 

If you find that he is still in relationship with his previous girlfriend then you can file a divorce case on the grounds of cruelty due to his adulterous life. 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Your complaint is not maintainable .

 

husband affair before marriage is immaterial 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

In chat what its written and how you can prove that your husband is culprits. Plus as of know does he had kept relationship with that lady. Need to know what is subject matter exactly.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You cannot file a complaint against husband for talking to any person before your marriage.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Even if you have the chat history no complaint would be maintainable against him as talking to a married woman doesn't constitute as a crime as per law.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Is he still in relationship?

Regards 

G.Rajaganapathy 

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

Sorry you can't file a complaint as the affair was 2 years before marriage. 

You should have enquired properly before marriage 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

No way, You cannot file any complaint against him for the act before the marriage, even chatting with other women is not a crime in India. 

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

what ever he did was before marriage and talking to a Married women is not a crime, 

It is advisable to kindly concentrate on your present rather than finding ways to file unnecessary complaints.

Your complaint is not maintainable. 

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

But the chats before marriage is of no use whether he continued after marriage will be a ground of filing any complaint

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Even if you have chat history, that wont be relevant. 

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

Yes, you can.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Madam,

However, the advice is not purely legal and it is just a brotherly advice that you must learn to forget and forgive to take the life forward in happily manner, Whatever was done by your husband is 02 years before marriage and hence the same can't be taken as any sort of disturbing in legal terms for you, and hence the complaint filed by you will not succeed in the eyes of law. So, it is just a brotherly advice to forgive your husband for the said cause but ask him not to repeat the same in future.  

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

- No, legally you cannot punish and blame your husband for the talking and affairs done before 2 years, as it not come under extra marital affairs. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

No complaint is maintainable.

Whether the chat history or even if you personally happen to see they both living together or indulging in any compromising activities, no complaint with the police or any law enforcing authority would be maintainable nor your complaint would be entertained.

Don't act on any misguidance or wrong interpretation  of law.

The supreme court itself has clearly stated that it is the will and wish of two individuals to have relationship outside their marriage, which cannot be restricted hence the particular provision of law in the Indian penal code had been repealed by a judgment by supreme court.

 If you do not want to adjust or digest your husband's this character, you are at your liberty to file a contested divorce case on the grounds of cruelty citing his acts of adultery as reason for your mental cruelty

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

No case made out for talking to women that also before marriage.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

No complaint on the ground of his relationship prior to marriage is maintainable same is not an offence under any law. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. With the available evidence, you are entitled to file "Divorce" Petition in the local Family Court, on grounds of "cruelty" for causing you physical & mental trauma AND claim alimony & maintenance and other compensations.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Talking a women is not a crime. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Just talking to married women is not a sin.  In order to file complaint, you need to have some proof / supporting material to frame him.  Otherwise, it is wasteful exercise.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

The contents of the chat / tone / tenor and context has to be looked into, and that, if he is still continuing the friendship you may file complaint otherwise no.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

  1. Having proof of adultry is ground for moving against him before court for Criminal case of adultry and cruelty. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Complaint Or case not maintainable. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Only having an affair and talking over phone will not be sufficient. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If he had an affair before marriage there is nothing you can do but if he was having an affair after marriage you may seek divorce on these grounds.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

A complaint of domestic violence can be filed.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. No you cannot give complaint against your husband for talking to some women before your marriage. 

2. Even if he chat with other women now then it is not a criminal offence but it can be ground for divorce as it is mental cruelty towards you. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Please write in detail. However you have to add up more to file a criminal complaint.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

  1. As per the information mentioned in the present query, makes it clear that your husband may have connection with many women before marriage and you do have chat history as well of the same.
  2. I would like to apprise you that there is no law under which your husband can be held guilty for his acts.
  3. Only you can have a ground of adultery as for getting divorce from him.
  4. Rest, that too will be difficult as the law says that the same acts must be after marriage not before that even if you happen to get to know it about the past conducts.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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