497 deleted - status of live-in relationship
A. C. Dhingra
(Querist) 16 October 2018
This query is : Resolved
Now that IPC 497 has been deleted, what will be the legal status of live-in relationship (while pending divorce) in the below situation while waiting for a long divorce proceeding (under Hindu Marriage Act ).
The case is - The married Woman has filed for divorce and the long divorce proceeding is going on for a year or more and she is still waiting for the final judgement.
And during this time, this Woman falls for a new relationship with an unmarried man. And she start living-in with this Man while divorce still pending.
My Questions are the following
A> Previously this was clearly illegal for the Man involved as the woman still remains a legal Wife of another man while pending divorce. And so the Man in this case (her new relationship that she has entered into while waiting for divorce ) could have been booked under IPC-497. But now that there's no 497, can the man be booked under any other Civil or Criminal law.
B> And also what will be the impact on the divorce-proceeding in this case. Clearly the Woman will most certainly loose her right to claim alimony and maintenance. But are there any other impact on the divorce proceeding.
[I am aware that while IPC 497 has been deleted however "adultery" remains a ground for seeking divorce]
Vijay Raj Mahajan
(Expert) 17 October 2018
As section 497 IPC has been deleted and no criminal charges be made out against the man indulging in sexual relationship with wife of another man without his consent, still as the wrong is being committed by both the woman and man, the husband gets additional ground for divorce which is the woman's sexual relationship outside marriage or adultery in simple words. At the same time the man indulging in this extra marital relationship, can be charged for financial damages caused by his acts to the husband. This is a tort or civil wrong which in India may not be so popular for claiming financial damages done by such civil wrong but it is worth trying in civil court against the other man.
A. C. Dhingra
(Querist) 17 October 2018
Thank you Vijay Raj Mahajan Sir
sachin sharma
(Expert) 17 October 2018
Now u can not raise any criminal allegation against the man. Yes, in the divorce proceeding, u can provide the evidence of her adultery and raise this issue emphatically. It will help your divorce case and also u will not be asked to give any maintenance. Better not to file any case against the other man as major chances, it will be a waste of your money.
