Would court listen to - why adultery happened ?

Raj - i asked a different question. Irrespective of them proving, if the husband himself says - he fell into an emotional relationship due to the wife's extreme torture etc....can that be of any help  ?

and yes, i know....adultery is hard to be proved... but then why waste years, if we change the entire expected game plan for the wife's side ? their entire case would be sabotaged !!

In law adultery has been clearly defined so question of any concession  relating to that does not arise.

Dear Mr. Ganguly / Mr. Roy,

But everywhere its written that an affair with an unmarried girl is not adultery. Then how can it be wrong in front of law ??

And would law not understand why things happened ? This is really absurd....

plz guide me with a way out !! she knows about my affair and i am contesting the divorce for the custody of my child...else, would have settled for a mutual divorce long back.......would this affair, if proven will affect my custody case too ??? Even, if law does'nt say anything on it (affair with an umarried girl), Can i be punished ??

Although man is an animal like Dog but dogging behind an unmarried girl and enjoy her s*x by inducement for  participation is illegal and a crime punishable by law.

If you convince your girlfriend to say in court that you both are merely friends.The game plan of your wife may be changed.But for this you have to do good preparation because in cross your gf may be caught.

Yogender.....  u mean she can be called upon for cross in court ?

498 A warrior...I am not lawyer.I am just giving my idea.You can discuss this idea with your lawer.I think so cross may be there.We are here to help each other and one idea can change our life.

1. In which book of law is it written that affair of a married man with an unmarried girl is permitted?

2. If you can inform about the above, you will be appreciated by  so many people who are in need of such legal permission.

Mr. Ganguly,

am no lawyer but have read this all over the net and in law books....  below is one of the links.... read point 'b' in this....

https://shovonc.wordpress.com/2012/09/26/know-your-laws-section-497-ipc-1860-adultery/

will send more links.....for your reference..

plz guide, if this is correct !!!!

No doubt women cannot be prosecuted for adultery, but what about men, she can very well prosecute you for the offence.  You have a substantial ground namely non-cohabitation for a period two years upwards or more, this a valid ground for divorce, can she deny your averment?  By your act, she may draw adverse inference the child custody case by quoting you as a lose moral character under which the child may get spoiled and its future in bleak due to this, so better think about this too.

According to legal parlance adultery means voluntary s*xual intercourse between a married person and some one other than the person's spouse. Sexual intercourse between two married persons who are not married to each other, constitutes adultery on the part of both.  Sexual intercourse between a married person and an unmarried person the intercourse constitutes adultery on the part of the married person and fornication on the part of the unmarried person. Judges traditionally viewed adultery as a reason for denying the offending spouse primary custody of a child in child custody dispute..  But today only the deleterious effect of immoral behaviour on the child is typically considered relevant.

Bro Author,

1. You wont be punished under any CRPC since in your case, as long as your wife would be the petitioner  and your girl friend is loyal to you.

2. But it will effect your defence while fighting your wife's divorce proceedings. Even in your custody case too. Logically it is stupidity on the part of indian judiciary as the affair started well after your wife's divorce proceedings. Still who has the time and intellect to look into all the case details. Unless you have an able advocate and a sound judge dealing your case, you will have to suffer. Anyway try to make the point clear and loud that the afaiir is after your wife's initiation of divorce proceedings.  

3. Finally, its not correct on your part that you moved on in your life but unwilling to set your wife free. Thats not right on your part. You may have to rethink for the benefit of all the stake holders.

I have enjoyed the discussions of the learned experts. I can only say that, Section 497 IPC is a blot on our legal systems and time to repeal it. We are now living at a time when live in relationship too has been legalize, as such we have to search the lop hole in our legal systems which does not match the marching time of our present world.