• Illegal affair

My husband harassed me for dowry and threaten me to murder. last year i filed a 498, 506 case against him in bangalore police station. He applied for bail and they sent us for mediation.  During mediation both the parties agreed to live together. Court approved his bail and warned him and the case was settled in police station. 

Jan 1st onwards we are living together.  However now i came to know that he was having another affair.  Again he strarted harassing me.  That girl is also mentally harassing me through email.  He is telling lie to me and going to meet that girl and two three days they are staying together and  coming back.  She is from gujarat and she is also married. 
My husband is violating all the things whatever we signed during mediation.
He is a central govt employee.

two marriages is an offence and it will affect his job. My husband and that girl is not married.  only living together for few days everymonth. I am having proof.  Is it an offence as per indian law. If so what is the punishment.  Can i approach the court  again.He is not giving any money for house expenses and always beat me on my head telling that then only u will go to coma state.  

My husband is cheating me.
Asked 1 year ago in Criminal Law from Bangalore, Karnataka
Religion: Hindu
1. Yes, having sex with married lady is offence u/s 497 IPC and your husband would lose the job if you lodge complaint.
2. If your husband is not repentant or does not reform himself I find no reason why you should continue this relationship.
3. In that event lodge fresh complaint of torture and adultery and let him face the rigours of law once again.
4. Apart from fling those case do apply for your maintenance as well.
Devajyoti Barman
Advocate, Kolkata
5237 Answers
54 Consultations
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whatever proof you have about your husband and the other girl from gujarat, produce it before the court, and seek cancellation of his bail, lodge a complaint against him if he hits you once more, produce the copy before the court and re-open the case, inform the government department where is working that your husband is having an illicit relationship with a married lady, if possible may contact with the other girls husband and inform him also about this relationship.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
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Hello,
1) You can certainly approach the court and file the same cases as far as the cruelty is concerned or file police complaint and get an FIR registered against him.

2) Thou can also file a case under provisions of prevention of cruelty against women from domestic violence/DV case and ask for maintenance, protection and residence.

3) Your husband's relationship with the other woman is adulterous. He can be punished for adultery if you prefer a complaint.

4) Engage a local lawyer to help you.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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1. Living together with another woman before obtaining divorce from the spouse is also an offence. Your husband can be prosecuted and punished for bigamy. The punishment is up to 7 years of imprisonment on being found guilty.

2. He is under an inescapable duty to support you financially. If he abdicates this duty then sue him for maintenance.

3. You can also file a criminal case for assault against him for the physical violence meted out to you.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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If your husband is found to have an extra marital affair with another female, you can very well lodge a complaint against him for the offences attracting punishment for adultery under section 497 IPC.
If he is not maintaining you properly, you can file a maintenance case under section 125 cr.p.c. 
If he resorts to ill treat you by releasing cruel acts including dowry demands etc and also is found to violate the agreed conditions, you may either lodge a police complaint against him under section 498a and 4 of DP act ad 406 of IPC, besides you can file a private complaint under the provisions of protection of women from domestic violence act, 2005.
You should resort to legal action immediately before it becomes too late because having a temporary affair with a woman outside marriage will not be treated as bigamy but it can rattle his official position in the central government employment.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
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1. Collect irrefutable evidence of his staying with that lady,

2. if possible establish contact with her husband,

3. You can engage a detective agency to to collect the evidence,

4. After being fully prepared, lodge a police complaint against him alleging adultery,

5. if he is caught red handed, he will be arrested and will be suspended from his job if he is working with a Govt. department/organisation.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
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You may file a criminal case against her under section 498A/406 of IPC and that girl can be also prosecuted as abetor .

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
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