Civil law

Womens emancipation implies tha women will come in the open and work shoulder to shoulder with men and other women. Men and women may be colleagues and friendship may develop between them. The man may have a wife at home or working elsewhere. The woman may have her husband working elsewhere. The two colleagues may just be only friends or relationships my develop between them. Whether relationships develop or not if the spouse comes to know jealousy can develop.

In the particular case it is difficult to know as to what extent the relationship has gone. Even if the husband has suspicious relationship with the other girl his wife  can ask for divorce. If a woman has relationship with another woman's husband there is no law to punish either of them. But if a man has s*xual reationship with wife of another it is called adultery and the man can be punished under Section: 497 IPC.

Anything and everything can attract Section 498A and it will not be surprising if the man is arrested on a complaint by the wife or her relatives to the police. The husband may be released on bail after 15 days or so and ultimately he may go free. Anyway the marriage would be finished once and for all. The wife can extract some cash from the husband/ex-husband.

Thanks.

Can wife file case under 498A on basis that relationship with Unmarried girl.

My friend is very good at home. But wife consider it as affair and not behave good with friend.

Also denied for physical relation also.

What proof need to collect to proove false 498A

Sachin Sarkar: "What proof need to collect to proove false 498A". 

There cannot be any proof or evidence for non-existence of something. If the wife makes a complaint saying that her husband was having an affair with a girl, she will have to give evidence. But the question of evidence will come only after the matter goes to court. Well before that your friend would have been arrested, detained in custody and released. Thereafter there will be long court battle. Ultimately your friend may be acquitted for lack of evidence after months or years.  But before that all women in the neighborhood would have turned hostile towards him. They may influence their husbands too.  If your friend is staying in a colony or quarters, he will feel rightly or wrongly that his neighbors were murmuring behind his back. Of course you and other friends of your friend may congratulate him for successfully developing a relationship with a pretty girl and for having a jolly good time. Thus your friend will have two sides one nightmarish  and the other exciting. Whether he would prefer your praise and the good times with the other girl or not, his marriage would have been lost once and for all.

If he wants to save his marriage let him sit down and talk it over with his wife. Let him find out from his wife what exactly she wants him to do. It may be that she may want him to cut off all relations with the other girl. Or she may agree to a limited friendship with the other girl  with certain dos and don'ts. But if he is (you are)  thinking in terms of proofs and evidences take it from me the marriage has ended. Has your friend got children?

I am writing this after seeing similar cases. I am not expressing any opinion of my own in this matter. It will be thrilling and exciting to have an extra-marital relationship. But if one gets into it peace of mind would be lost forever.

No Children Sir

My friend talk many time to his wife but still his wife behaviour not change.

She not even talk to him. he gets frustrated now.

Can she file 498A

She can file 498A at any time. Let your friend tell his wife that he has cut off contacts with the other girl and appear to be so for all purposes, to keep her at bay from launching 498A. Then he should initiate divorce proceedings. After he obtains divorce he can marry the other girl.

Divorce may take long. But let him try to get juducial separation in the meantime. He will have to give accommodation and maintenance during separation also.

Sir

a) If he initiate divorce then also she can do such complaint ..

My friend have some voice recording that he recors while convinenceing her to behave well, but still she not changed. She is good with friends family but not with my friend

Actually my friend itself frustrated in this. She not talk even single word when at home.

b) What maintenance need to Pay her , if his wife not doing job..

c) Can she claim in his property as property on name of his mother(50per) and friend(50%)

Pl revert

If she makes a 498A complaint to the police your friend will be immediately arrested. He will be produced before a magistrate and the police will/may ask for your friend's custody. He or his lawyer can plead for bail. It will be up to the magistrate to order his release on bail or accept the police reuest for custody. What your friend can do now is to get a good lawyer experienced in such cases now itself. He can try anticipatory bail. If he does not get, when arrested your friend can immediately call the lawyer and the lawyer can try for his bail. All kinds of evidences will come after that only when the case goes to court. Other than the above there is little that he can do. He can make all kinds of efforts to keep his wife in good stance. His close relatives can contact her relatives and try for conciliation or at least bide for time. Please visit the following website:

https://www.lawyersclubindia.com/forum/Re-Re-Re-Husband-keeping-Girl-friend-attracts-498a-as-cuelty-to-wife--30169.asp#.VgDyB00VjIU