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padmavathy (Sales co-ordinator)     19 February 2014

Lodging a complaint against husband

My husband is having illegal contact with a girl of age 28 who is unmarried due to this he filed a divorce case on me and the case is going on for the past 3 years in family court. Now he and his girl friend is threatening me and my parents to accept for divorce mutually. with the help of their relatives who are in police department.Kindly give me the advice whether Can i lodge a complaint against them?



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 3 Replies

Jaswandi Shailesh Oswal (Legal Consultancy)     19 February 2014

Yes, you can lodge a complaint against them if they are really threatening you and your parents. However, my question to you is how come you kept quite for 3 years? when did you come to know about your husbands' extra-marital relation, and on what grounds have your husband filed for divorce in family court?? Has he admitted that he is not interested in you anymore or that he is another relation- I guess not. Since when he is threatening you and your family.  Do not be late to take valid action. Law helps those who are proactive and not sleep over their chances to seek justice.

You, as a wife, can pursue divorce on the ground of adultery on part of your husband. However, you will have to substantially prove it in the Court. In my opinion, make a decision for yourself first, as to whether you want a divorce or not. If yes, then how- mutual consent or by litigation. Alimony is also a valid point you must consider.

You can always approach higher police officers for help. Moreover, if you think that the police will manipulate and will not cooperate with you, then you can complaint in the court before the judge about the threatening and seek order to file an FIR against them.

Shantanu Wavhal (Worker)     19 February 2014

u can file complaint even if they are not threatening you because, adultry by itself is a criminal offense.

Samir N (General Queries) (Business)     19 February 2014

Such questions cannot be answered with four-sentence posting. Many questions are relevant: How long were you married? Do you have children? Does he still live with you? Do you have proof that he is having a relationship with her? Why is he leaving you? Is it just the physical attraction issue or is there more to it?  Do you want the marriage to continue? Do you want to deny divorce just to give him trouble? What is he willing to give you to get mutual consent divorce? Finally... if he does not want you, do you want to live with him? Just think of getting the maximum you can get from him and restart your life.


Any advocate who gives you an answer without such questions answered is just looking for your money. I am not an advocate.


Also, what you have described above is NOT adultery, as that term is defined under the Indian Penal Code. For adultery, the woman your husband is having a s*xual relationship with must be married. However, you can file divorce on mental cruelty and many other grounds based upon this extra-marital relationship of your husband. You will need proofs of all kinds.



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