• Husband has illicit relation with unmarried girl

I was married with Mr. dwivedi. After few days i came to know that before marriage he was relationship with a girl who is still unmarried and keeping the relation with my husband and my husband also favour her. my husband being central govt emply denied to keep me with himself and agreed to pay the maintenance. When deeply enquired it is revealed that before marriage my husband and that girl has applied in the court for registration of marriage in that they have declare that they are married and want to go abroad throuh a affidevit. But when this came to knowledge of my father in law he objected and it was not registered and my husband given a statement in writing that said affidevit is false. Now my husband is keeping that lady with him and cheating the goverment and me also. How can i nab the situation and book my husband as well as that girl.
Asked 2 years ago in Family Law from Bettiah, Bihar
Religion: Hindu
1) file for divorce on grounds of mental cruelty 

2) also file 498 A case for continuous acts of cruelty 

3)  having extramarital affair amounts to cruelly 
Ajay Sethi
Advocate, Mumbai
45617 Answers
2680 Consultations

5.0 on 5.0

If you have evidence of your husband's existing relationship with that girl then you may apply for dissolution of marriage on the ground of adultery. This apart, you may also file a criminal case for bigamy against him. Since he is a govt servant an intimation may be sent to his dept which an result in disciplinary proceedings against him on the ground of moral turpitude.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Hi, If you able to get the copy of the affidavit then based on that affidavit you can file a petition before the court for divorce on the ground that your husband has married you without giving divorce to her fist wife and based on that you can get the divorce.

2. Secondly, you can also lodge a police complaint against your husband for bigamy.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

1. You can nab your husband but not that girl as girls are not considered to be able to conduct adultery. This is considered as the job of men only by Indian Law,

2. Collect irrefutable evidence of your husband's having physical relationship with the other lady like entry in a register of a hotel where both of them took a room to spend a niight etc.,

3. After that file an adultery case/complaint against your husband,

4. You can simultaneously file  498A case, DV case and also divorce suit against your husband,

5. He will loose his job if his adulterous act is proved and he gets a jail term.

Krishna Kishore Ganguly
Advocate, Kolkata
18511 Answers
448 Consultations

5.0 on 5.0

This act no doubt comes under the grounds for divorce under adultery.
You may file a divorce case on the said reasons by impleading her as a second respondent.
You should gather evidence to prove his adulterous life
You can lodge a criminal complaint for mental cruelty against your husband by living with another woman while being married to you and he can be booked under section 498A for acts of cruelty.
You can file a domestic violence case also for the same reason since this caused you great mental agony by marrying you but living with other women.
Complaint for the offences of bigamy or adultery are not maintainable hence do not be misguided for thinking about avenging him under the said offences.
T Kalaiselvan
Advocate, Vellore
35794 Answers
389 Consultations

5.0 on 5.0

Dear Querist
based on that affidavit and statement you may file a complaint against him before his office and police for registering the criminal case against him and her for fabricating the false documents and submit false documents before the court. if he filed any marriage certificate before the registrar then you may file a criminal case against him u/s 498A/494 of IPC before police or court for bigamy and cruelty.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

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