LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Nagendra Kumar   10 October 2015

Whether it amounts to adultery or not

Respected All Legal Advisors

My queries are as follows -

If Husband and wife are living separately for two or three months and not filed a suit for divorce or still suit is pending for divorce. In such circumstances, husband lives in relationship with another woman who is not married or is a widow or if she is married with the consent of her husband


1. Whether a live-in relationship in the above mentioned circumstances is offence, if yes, kindly tell me for which offence under IPC husband can be prosecuted, if his mutual divorce petition is still pending  or Not 

Note: Husband and wife are hindu



Learning

 7 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     11 October 2015

By all means it is adultery,could be hinderance during divorce proceedings.

Nagendra Kumar   11 October 2015

Dear concerned

First of all Thanks for your reply

 

Kindly tell me how it amounts to adultery

SAINATH DEVALLA (LEGAL CONSULTANT)     11 October 2015

voluntary s*xual intercourse between a married person and a person who is not their spouse whether living together or separately,

prabhakar advocate (advocate)     11 October 2015

You have framed your question very meticulously.  In the given conditions, he has not done adultery as per IPC. But from the point of view of wife, it is (1) domestic violence (2) adultery under divorce provisions, which would entitled her divorce.

SAINATH DEVALLA (LEGAL CONSULTANT)     11 October 2015

The querist is too intelligent in investigating a safe passage with the help of the forum for his wrong doings.His wife may be even more intelligent along with her entourage to take him to task in the divorce proceedings.I even come to a conclusion the non existence of the original query and it may be just academic in nature to derive knowledge from the experts.

Nagendra Kumar   12 October 2015

First of all thanks to all for reply

 

Sainath G

I am not doing wrong with anyone by sharing the knowledge at this forum, okay, because even today i am not married and also not living in relationship with anyone.Being a student of Law, The abovementioned question was posted by me in the benefits of general people because i saw on a lot of websites which provide legal assistance to people at large are wrongly interpreted this issue that`why i felt need to raise this question so that people could be acquainted with correct answer.With my due regards i want to say Prabhakar G have corrected this illusion but he agian put "(2) adultery under divorce provisions, which would entitled her divorce". I acknowledge it that having relations in accordance of my abovementioned post is a ground for divorce  but sorry we can not say it ADULTERY as mentioned U/S. 497 IPC so in my knowledege it is called Extra Marital Relations (only in the context of my post). Section 13(1)(i) of Hindu Marriage Act, cleary says " HAD VOLUNTARY SEXUAL INTERCOURSE WITH ANY PERSON OTHER THAN HIS OR HER SPOUSE". It means this section includes both circumstances "ADULTERY OR EXTRA MARITAL RALATIONS".

 

So it is humbly requested to Sainath G do not comment on my character and make the personal because here being a law student, i am only trying to eradicate a lot of illusions.

 

Thanks to all

SAINATH DEVALLA (LEGAL CONSULTANT)     12 October 2015

But being a law  student why did U project the query as if it was UR own,U could have mentioned it was only for gaining knowledge.This is not an institution for coaching law students,U have various other avenues.Instead of wasting time with UR academic query the time could have been spent forsome needy querist.Don't try to be over smart mt dear student?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register