Krish 19 February 2016

Is it legal if married woman is in live-in relationship

Hi Experts,

A married woman has had some quarrels with her husband and left to her mother's home three months ago.There, she started live-in relationship with some married/unmarried guy.Not sure whether he is married or not.But, She neveraccepts/reveals this to anybody.

If husband somehow gets enoguh proofs/witness for this and files contested divorce, can he can get divorce easily based on those proofs?

Reading forum articles, I came to know that only man is prosecuted under adultery but not woman and she will never be punished.

So If a married lady is in live-in relationship with another married/unmarried guy, is it acceptable by law?

Please help me understaning these two points.Thanks for your reply in advance.

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3 Replies

Vijay Raj Mahajan (Advocate) 19 February 2016

Married woman living outside her marriage with man other than her husband is wronngful act on her part, it will be considered adultery if these two persons are living having s*xual relationship. This will give a valid ground for dissolution of marriage to the husband of such married woman.

As far punishment to the married woman is concerned the grant of dissolution of marriage by decree of divorce is considered sufficient punishment for her by the legal sysytem of the country, however the man who indulge is s*xual relationship with such married woman of another man without his permission can be prosecuted u/s 497 IPC and face punishment up to 7 years and fine. No punishment to the married woman under this section of the Indian Penal Code.

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Krish 19 February 2016

Thank you so much for detailed explanation Vijay Raj sir. This info helps lot that how to proceed further.

NM (j) 19 February 2016

What will hapeen to a Women (with regard to her PSU job) if the adulterer happens to be PSU Women and and having a relationship with her PSU male colleague?