My wife married a man with out a divorce

You can use the evidences and blackmail her that you will pursue the cases of adultery and she and paramour will be prosecuted if she dont agree to withdraw 498a.  That is the only problem you will face.  If you have taken dowry, it will be proved somehow or the other.  And you wil face jail term.

 

Instead of doing all this, you could have simply filed case on her and her parents that they gave you dowry/attempted to give you dowry.

 

A married woman can have relationship with any person, that will give ground for you seeking divorce from her, thats all.  IT might be the case that you will fail to prove adultery with the proofs at hand.

 

Coming and going to a persons house with regular interval or even staying with them does not prove adultery. 

 

All these cases will only waste some more time.

 

She moved on, its time you also moved on.  But as 498a sword is still hanging on your head, its you who has to bargain using these proofs to get out of 498a.

 

She has anyway filed for divorce, so better stop going to court.  She will get exparte divorce. 

Section 497 in The Indian Penal Code 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 not be punishable as an abettor. Section 494 in The Indian Penal Code 494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

Section 497 in The Indian Penal Code 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 not be punishable as an abettor.

 

Section 494 in The Indian Penal Code 494. Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

Witness would be neigbours who testify in court and your freind who attened the marriage 

 

Hello Experts ,Thanks a lot for your valuable time ,

But i forgot to inform one more thing that a FIR has been registered on my wife ,under sections 420,415 ,181 for her false affidavits during maintanance case as she filed that not working and finally it has been proved and with drawn 33k per month during cross examination her employer appeared infront of the court and submitted , based on this i have filed a complaint in the magistrate court and later police has been registered FIR on her ..so court itself has evidance and apart from that i have her 5 years TDS and form 16 and IT returns docs .

what will happen to this case ? Please help me

Also My wife is not asking just divorce ...she need 50 lakhs with the divorce .

You should file divorce on cruelty adultery and desertion basis. As you have evidence of her working she will not get a single money. Court will give you divorce easily. After getting divorce other cases on you are not of any use.