• About illegal relationship

What will the law says" if a married person without divorce has a illegal relationship with a married woman without divorce"
I was married with my husband in 2000, and we got a daughter in 2001. Then in 2008 when I had moved to my parental home for second delivery, my husband had developed an illegal relationship with lady of his home town. This lady is already married but is not living with her husband and also not divorced  and she had knowledge of my husband's first marriage and also about my children. I came to know about this after they had a child. My husband has provided her all sorts of facilities, have given 1lakh rupees jewelry and also has bought L.I.C in the name of her and her child, which costs around 2 lakh. I am an educated and had earned properties on my own earnings. Now that lady is claiming my property and also is harassing me and husband for more money. I had also offered her that she can live with my husband and lead a life after we get divorce. She clearly says that she do not want husband, but she needs money. She threatens us that she will go to police and media to get justice. Please tell me and my husband that how can we come out of this problem
Asked 1 year ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1. You file a police complaint or a case of bigamy/adultery against your husband and the said lady first which will deservingly send him behind the bars,

2. Once the bigamy/adultery is proved, your husband goes behind the bars, she can not file any case against you. 
Krishna Kishore Ganguly
Advocate, Kolkata
12028 Answers
227 Consultations
5.0 on 5.0
1) refuse to bow down to blackmail tactics 

2) lady was fully aware of your husband marital status and she is also married 

2) she had entered into consensual physical relationship with your husband 

3) she can at most seek maintenance for the child born from the relationship 

4) lady has no rights on your self acquired properties 

5) lady cannot claim any share in your husband properties 
Ajay Sethi
Advocate, Mumbai
23097 Answers
1212 Consultations
5.0 on 5.0
1. Your husband has committed adultery which is a criminal offence u/s 497 ipc.
2. However the lady committing adultery can't be prosecuted for the same offence.
3. However in your case the lady can not file such case though her husband can which is unlikely in your case.
4. So stop succumbing to her threats and watch how is she reacting as her options are not too many.
5. If she becomes desperate then file complaint with police about blackmail. If you fight back the lady can not cause much harm.
Devajyoti Barman
Advocate, Kolkata
5137 Answers
54 Consultations
4.9 on 5.0
1. If a spouse voluntarily indulges in sexual intercourse with any person other than his/her spouse can be a ground for pursuing divorce U/S. 13 of the Hindu Marriage Act, 1955.
2. She cannot be charged for committing adultery, because she is a woman and the court considers her as a victim only whereas your husband can be charged with Adultery.
3. She cannot lay claim on your property and do not be afraid for her threats and harassment and if the situation warrants lodge a Police complaint against her.
4. She is misusing the circumstances to her advantage and is also equally liable for the illicit relationship.
5. Record her statement when she says that she wants only money and not husband.
6. Being a partner in illicit relationship, on her own, she will not go to media but is only trying to exploit the situation. Be bold and do not succumb to her pressure.
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0
1. Adultery has been committed both by your husband and also this lady, but under the Indian law a female cannot be punished for adultery.

2. You and the husband of this lady can file a criminal case for adultery against your husband. This apart, you can file a criminal case for bigamy against this lady.

3. You are also at liberty to file for divorce on the ground of cruelty by your husband.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
What will the law says" if a married person without divorce has a illegal relationship with a married woman without divorce"
He will be termed to termed to have committed adultery, an offence under section 497 IPC.



She clearly says that she do not want husband, but she needs money. She threatens us that she will go to police and media to get justice. Please tell me and my husband that how can we come out of this problem?
Before she goes to police, you and your husband can lodge a complaint against her with the police for blackmailing threats and extortion offences. 
You gather the evidences of her offences and make a written criminal complaint against her in detail with the local police station.  They will take care of the situation.
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
First of all she cannot claim right/title/share over your self acquired property. 

She can only claim for payment maintenance of child in the court. There, she will have tough time convincing the court that the child's father is your husband. As she is married, it is legally presumed that her husband is the father of her child. There she has to admit about the illicit relationship she had with your husband outside her marriage.  

Also she being married lady cannot claim that your husband has cheated her with the promise of marriage and hidden the facts about his marriage at the time of initiating the relationship with her. She is partner in crime of illicit relationship.

If she has any legal claim against you or your husband she would have exercised it by now. As she is not having any legal remedy against your husband and you, is resorting to threat and blackmail.  Do not succumb to pressure. Explain to her that she  cannot claim any thing from you and you are ready to fight the case on merit in case she files case against you or your husband. 
 
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
Hi, as per Hindu law, Hindu can't marry a second wife during the subsistence of the First Marriage.

2. In your case your husband has illicit relationship with that lady and child was born to her.

3. Now if that lady filed a police complaint then your husband is in trouble she  may file complaint for rape also so it is better tried to settle the matter amicably.

4. If you want go for legally then you have to  record her conversation for demanding money so based on this your husband will fight the case legally. Without her instigation your husband  will not venture for this kind of relationship.

 
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
If her demands are persisting and she takes a black mail route, it will be better that your husband rushes to the police before she does and lodges a complaint against her for her threats and intimidation.  
Her alleged marriage with your husband is invalid and illegal hence nothing to worry about it. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
1)under no circumstances should your husband pay her Rs 10 lakhs 

2) her demands for meony will never come to an end 

3) at most lady can seek maintenance for the child born out of the relation ship 

4)she entered into consensual relation ship with your husband while being married . 

5)your husband could not have married her as he was already married 

6) she can file complaint for cheating under section 420 of IPC against your husband 

7) she can also file case of rape against your husband if she had sex with your husband under promise of marriage . 
Ajay Sethi
Advocate, Mumbai
23097 Answers
1212 Consultations
5.0 on 5.0
1. As I said earlier a criminal case for adultery can be filed against your husband. In so far as this lady is concerned a case of bigamy can be filed against her which carries imprisonment of up to 7 years. This apart, a lawsuit for damages is also made out against her.

2. Her being a Dalit does not offer her an escape route.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
You have been badly entrapped and you being in complicit to his crime can not escape from the that. NEGOTIATE WITH THE lady and come to a compromise.
Your husband and you can be badly prosecuted in various criminal charges.
Devajyoti Barman
Advocate, Kolkata
5137 Answers
54 Consultations
4.9 on 5.0
Hi, The lady can't file any complaint against you.

2. But she can lodge a police complaint against your husband any time for cheating and promissory to marry, Bigamy and other criminal cases.  

3. If you able to prove before the court that she is blackmailing your husband then file a police complaint for extortion. 
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. Law states that women are innocent and men does such adulterous acts. However, your husband also knew that he is married and he is the main culprit here and the law will not spare him,

2. Yes, for this act of your husband he only is primarily responsible. It will not be prudent on your part to blame the lady sparing your husband legally,

3. You will not be able to prove that your husband is innocent. It will be difficult for you to prove that your husband did not know it,

4. How can she demand money from your Husband unless he is seriously involved with her? You do not what evidence she has against your husbands's illegal relationship with her,

5. If that is the case your Husband should lodge a police complaint against her foe her claiming that your Husband is the father of her child. If DNA test proves it, then your Husband shall have to treat the child as his child,

6. Why has your Husband given money to her unless he is involved? Ask him to lodge police complaint against her such blackmail,

7. You settle the matter/dispute with your Husband first as he is the person who can solve the problem.
Krishna Kishore Ganguly
Advocate, Kolkata
12028 Answers
227 Consultations
5.0 on 5.0

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