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hitch (junior)     29 August 2010

Adultery - foreign national

Dear Sir.

This is a slightly complicated affair.  I maybe the morally guilty party, or maybe the girl involved. But I request you to put things in perspective regarding this whole case.

The girl involved is a foreign national (European), married to another European. I met her recently when she was in India (I am an Indian national). She told me she was married at the age of 22, is now 26. Her husband truly loves her, but her feelings for him have died – Her husband is satisfied and happy doing a blue collar job, however she is very ambitions doing a PhD in molecular biology. On repeated instances she has told him to study further, but he doesn’t seem to listen and is content where he is and this has caused her to reconsider the marriage for several years. Durrently of course, her marital status is – Married, to this man. I am also a highly qualified individual, and one day me and this lady travelled together in india and fell in love. Its not just ‘puppy’ love, we came to realize that we clearly had more things in common than with other people we have met. There has been no physical relationship between us, yet.

I am working in another country and we have decided to meet up together, just to get to know each other more deeply to see if we are fit to be together. We will be together for 4 days, call it a holiday to connect. I would like to know, are there any grounds on which I could be legally liable for any wrongdoing. Can her husband sue me, given that he lives in Europe, and I live far away. I heard that the lover of the cheating spouse could be tried under section 497 of the IPC, what does section 497 of the IPC state? I would just like to know.

I have clearly told her, that if she decides to break her marriage, it should be because she believes that there is nothing left in that marriage, and not just to get to me. Could someone kindly advise? Thank you.



Learning

 5 Replies


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9271971251, 9960223100

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING KEEPING RELATION WITH MARRIED WOMAN KINDLY NOTE THAT.

1IN INDIA IT IS AN OFFENCE UNDER THE PROVISIONS OF INDIAN PENAL CODE.

2.HENCE IT IS ADVISED THAT AS YOU BOTH ARE HIGHLY QUALIFIED,THEN DO NOT SPOIL YOUR CAREER. AS IT MAY ADVERSELY AFFECT YOUR CAREER.

3 IN CASE SHE IS NOT HAPPY WITH HER HUSBAND JUST WAIT TILL SHE GETS DIVORCE.THEN LEGALY YOU BOTH WHO ARE SINGLE AND NOT MARRIED BEFORE CAN MARRY.

GOOD LUCK.

Suchitra. S (Advocate)     29 August 2010

 

Section 497. Adultery

Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such case the wife shall be punishable as an abettor.
Sir, I hope now you know about the section of Indian Penal Code. It is advisable to wait till she gets her divorce before you two decide to have physical relation.

(Guest)

sir there are many things, which country u going to. how can ipc apply to u outside india

Suchitra. S (Advocate)     29 August 2010

 

Section 3 of IPC. Punishment of offences committed beyond, but which by law may be tried within, India
Any person liable, by any (Indian law) to be tried for an offence committed beyond (India) shall be dealt with according to the provisions of this Code for any act committed beyond (India) in the same manner as if such act had been committed within [India].
 

(Guest)

for that her husband will have to travel to india and charge him with adultery proofs.to prove it beyond doubt again a difficult task.


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