Sandeep Kapoor (Student) 14 January 2011
Hi
How does law treat if a married man, has a live in relation with a married women.
Note: Both Married to their partners and having children.
How does the law treat this? Will their partners be able to file criminal suite againt them? What are the coseqences they will have to face?
Thanks
Dear Sandeep Kapoor
It is Crime u/s 497 IPC.
Called Adultery- Who has s*xcual intercourse with a person who is and whome he knows the wife of another person.
Imprisonment- may extend upto 5 years with fine.
women shall not be punisshable under Adultery. Its weak point of our Law.
But his husband prove that his wife living with her will than his husband also file suit againt her. Husband also file petition u/s 13 Hindu marrieg act for Divorce.
rajeev sharma (Advocate Ex senior manager law ) 15 January 2011
The man may be punished for Adultry u/s457 of IPC on the complaint filed by husband of woman.However there is no such provision for woman in IPC hence the husband of woman cannot take action under penal law. He may how ever sue her wife for divorce.
Michael Kushner (Manager) 15 January 2011
The man may be punished by the law and he is responsible for his child but woman willnot be punished.
Arup (UNEMPLOYED) 15 January 2011
it is dengarous and punishable offence. not only live in but doing s*x with married woman is offence and husband of the married woman may take legal action in two diffrent ways.
husband can pray for divorce against the wife and may sue the male s*x partner under ipc.
better wait till she obtained divorce.
wife of male partner may sue her husband for divorce.
mind it - live in means - there is no solemnization of marriage.
Pankaj Sharma (Legal Associate) 15 January 2011
Dear Mr. Sandeep Kapoor,
As u talked about Live in relationship with married woman with married man. Ofcourse it is against law and punishable offence under law. Its a kind of adultery and the same is a punishable offence under IPC. Ultimate victim in this kind of is husband of women who has live in relationship with other married man. So husband has a right to go against it with help of law. Women indulge such kind of offence is not liable as per indian penal code.
N.K.Assumi (Advocate) 15 January 2011
Agreed with the members, the married man can be punished as per IPC but not the woman except that her husband may file divorce petition against her on the grounds of adultery.
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