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Common Citizen   05 September 2017

Extramarital affair

My friend had an affair with a women who told him that she is a divorcee. My friend had some intimate moments with this lady - kissing , hugging etc inside his home/hotel rooms. But later he came to know that she is married and she is not divorced .  Now the lady's husband is threatening my friend with legal case and the lady is also not speaking with my friend any more out of fear(may be). I am not sure if they had intercourse or not, because my friend only told about hugging / kissing. My friend is worried because he did not know that he was dating a married woman. Is there any way to save my friend?



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 8 Replies

Siddharth Srivastava (Advocate)     05 September 2017

Complaint can only be filed the lady or her husband. Does the photos are with the lady also? What is the proof with lady's husband about this relationship? No purpose would be served in being fears. Avoid meeting with the lady. Details are required to be examined. Sidharth 9811776422

Kishor Mehta (CEO)     05 September 2017

Nobody should be afraid, consented affair with an adult does not constitute a crime.

P. Venu (Advocate)     05 September 2017

Is it you or your friend?

Any how, the husband of the lady can proceed against the person concerned for the offence of adultery.

Raveena Kataria (Advocate )     05 September 2017

Hi! Please, have a look at section 497 of the Indian Penal Code.

Whoever has 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.

Since your friend wasn't aware that the wife was still married, he is not liable under this section. It's been rightly suggested above that your friend put a cease to all contact with the wife.

Common Citizen   06 September 2017

There are no photos as such....may be some cctv photos at the hotel entrance that too not sure. The husband came to know from the lady herself, after her husband suspected and threatened her. However, my friend had never known that she was in a marriage, however, he made the mistake of believing the woman, a typical trust that happens when someone falls in love.

Common Citizen   06 September 2017

its certainly not me......this is my friend, he is not in a position to think sensibly after having been hurt in love and now threatened by the woman's husband. If there is no intercourse , can still there be a case of adultery ? 

P. Venu (Advocate)     06 September 2017

There are sufficient grounds that an criminal action be initiated for the offence of adultery. It is a different matter whether, ultimately, the charge could be proved.

Moxit Shah   07 September 2017

considering above section, i do not think that if they have not committed s*xual intercourse, he will not be convicted for adultery. but, primarly his husband may harass him and police may proceed on the words of husband. your friend is required to maintain distance and collect all the document where she has stated that she is divorcee and not married. chances of acquittal will be there, but he will have to face all the legal battle. 

Moxit Shah

9913945154


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