Adultery by male

Adultery is defined under Section 497 of Indian Penal Code. The situation described by you is NOT co vered under the definition of adultery, so offence of adultery is not committed since the other woman is an UNMARRIED woman.

Likewise, this may not amount to an offence under Section 494 of IPC also, since that offence is attracted only if the man (who is yet to get divorced) has MARRIED another woman WHILE his first wife is still alive. A live-in relationship cannot be called a marriage in the strict legal sense of term.

agreed with Mr Dhamija

Disagreed with the narrated reason in above opinion.Reason below-

section 497 of IPC is an offence against a marriage institution. Only outsiders to this institution can be punished within this section.For example, A and B are husband and wife respectively.C and D are a man and a woman respectively.Two situation may arise 1. C is involved with B.Here C can be punished under section 497 of IPC. 2. D is involved with A.Here D can't be punished under section 497 of IPC as D is a woman and is saved by law.Similarly,A cannot be punished as he is not an outsider to this marriage institution.Constitutionality has been challenged many a times,but Apex court Thumbs down this challenge and referred it Constitutional in view of Article 15(3) of COI.

In the situation depicted by you,Husband can be booked under PWDVA 2005 or Section 498-A of IPC.Having Extra marital relationship by the husband counts and has been referred by Apex Court as cruelty.

Thanks for advise