Can married man livein with unmarried woman

JG (Querist) 19 November 2019 This query is : Resolved
I am married since 4 yrs..we were living together 5 months..then v were seperated...my husband wants divorce from me from last 2.5 yr..coz he has extramarital affair with another unmarried girl...i dont want to give him divorce...he told me he vl livein with that unmarried girl or do maitrikarar...can i take any action against that unmarried girl or against my husband if they vl go in livein?

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kavksatyanarayana (Expert) 19 November 2019
Make a complaint against that girl in nearest Police Station by consulting a local advocate for further guidance.

K Rajasekharan (Expert) 19 November 2019
You cannot, unfortunately, take any criminal action or police action on your husband or the other lady for having some extramarital affairs he has with that lady if she is willing to have such a relation.

The only thing you can seek is a divorce from him. The court cannot impose on him an order for forced restitution of conjugal rights with you also. Of course he cannot make a formal second marriage so long as the first marriage survives.

If two persons whether married or otherwise are willing for sexual relations with each other, no law in the country has any mechanism to prevent it or punish for the action.

Naishadh Vyas (Expert) 20 November 2019
Advocte K Rajasekharan have made it clear.

Dr J C Vashista (Expert) 21 November 2019
No action can be initiated for having extra marital affair.
It is advisable to consult a local prudent lawyer for better appreciation of facts/documents, guidance and proceeding.

Guest (Expert) 21 November 2019
The decision in one case or the opinions made in one case will not be treated as that IPC Section it self is Cancelled or Withdrawn.

Guest (Expert) 21 November 2019
The Decisions of withdrawing an Section of Law could be only made only by Acts of Parliament , Ordinance and Laws made or corrected by the Honrable President.

Guest (Expert) 21 November 2019
An opinion or statement in one case will not mean that particular Section it self is With drawn. Recently many including Police are mistaking this . Ignorance pf Law will not be an Excuse

Guest (Expert) 21 November 2019
Certainly the IPC section 497 -- Adultery -- prevails and it is obviously an Criminal Offence / Case.

Guest (Expert) 21 November 2019
Discuss with an Learned Advocate

Guest (Expert) 21 November 2019
Dear Querist - No action could be initiated against the girl unless and until you are able to prove that she is a Prostitute or Call Girl that too the Legal action could be initiated only on that grounds

Guest (Expert) 21 November 2019
Certainly you could initiate Legal action Under IPC Sec 497-- Adultery against your husband framing strong legal grounds with the help of an good advocate of your place/ area please

Guest (Expert) 21 November 2019
Remember Evidence and Proof are indispensable. Discuss with an Learned Advocate of your place.

K Rajasekharan (Expert) 21 November 2019
In the adultery case what the five judge bench led by outgoing Chief Justice of India Dipak Misra said was “Adultery cannot and should not be a crime. It can be a ground for a civil offence, a ground for divorce".

Adultery no longer exists on the statute book as a criminal offence, even though the old printed books carry the print as it was.

When a court scraps a legal provision by pronouncing a judgement, it ceases to exist then onwards. A higher court can quash, read down or reinterpret a section or law if it is unconstitutional or unlawful. In such a situation legislature has no business to do. The executive itself can remove it based on the judgement. Such laws are called judicial laws or case laws.

Guest (Expert) 22 November 2019
Opinions and Comments can not be treated as Removal or Change of Law

Guest (Expert) 22 November 2019
Refer and Study the Triple Talaq Issue

Guest (Expert) 22 November 2019
The Decision of withdrawing any Section of Law could be made only by Acts of Parliament Ordinance and Laws made or corrected by Honorable President.

Guest (Expert) 22 November 2019
IPC Section 497 Prevails and Public and Police should understand and not to take advantage of this.

Guest (Expert) 22 November 2019
In Triple Talaq issue though the Supreme Court had opined in 2017 the Parliament had legally implemented it in 2019 only. Read the Full history of it patiently please

Guest (Expert) 22 November 2019
Mr.K.Rajasekharan you could post your comments and you are Welcome.

Guest (Expert) 22 November 2019
Mr.K.Rajasekharan -----But commenting that " Legislature has no business to do " is an damaging statement regarding the Legislature as well as to this Forum . Mind it Please

K Rajasekharan (Expert) 04 December 2019
Kindly understand that in Triple Talaq what the court did was quashing the process of Triple Talaq. But what Parliament did was much more than that. It converted a civil issue of divorce into a criminal matter with penal provisions. Both are not the same. That is why an enactment was necessary.

To understand the issue you can check whether the Kerala legislature sat to remove a section of Kerala law quashed by the Supreme Court in the Sabarimala issue.
There is famous saying that the Constitution is what the constitutional court says. If you cannot make out the figurative meaning of the saying you may miss the point.

There is nothing derogatory or uncivil in saying that the legislature has no business to do in areas which it is not authorised by the Constitution to do. No authority in India is expected to do anything in excess of what it is authorised by law.