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Thread: Is it illegal to have extra-marital affairs in India?

  1. #1

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    Is Extra marital affair a crime under the eyes of law??

    If a husband/wife is having an extra marital affair can we file case??

    Is it punishable???

    Pls give a reply



  2. #2

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    Yes it is a crime in India and a man can be sentenced for upto 5 years.

  3. #3
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    Parvathi > yes dear...........

  4. #4

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    Thank u for the responses.Shld i provide sufficient proofs or smething to file it??

    Actually i have been deserted for 1 year after the marriage.I stayed with my husband for only 18days and then

    he left abroad.He's working there.After that no news frm his side.I guess he has some illegal affair ovr there.

    If that is the case i don't want to let him free.But i don't have any proof regarding that.I guess so.He is not keeping any contact with me for 1 year.

    His parents too are unaware wat's the actual problem with him.I enquired 2 some of his frnds over der.They are saying they don't knw anything

    regarding his personal matters.Anyway i have planned 2 file the divorce petition.But he shld also be punished if he has an extra marital affair over

    there.I won't b satisfied by a mere divorce.

    I want 2 see him punished.Becasue that much i suffered during this past 1 year.wat i can do for it???

  5. #5
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    If u will file a divorce petition against him, then keep in ur mind, many more matters will come up........so keep alert...

  6. #6
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    Yes it is punishable offense.......

    You have to prove the infidelity in the court.....with all the proofs....Good thing is that..according to Indian law only male can be sentenced for this......there is no such provision for female....

  7. #7

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    why did you wed without making proper inquiries and why such a vengeance now? Just walk out of the marriage, and use your youth to find a good one at least this around. There are many who have lost their life, in the process of trying to ruin someone Else's life.

    Nobody is going to give you a medal nor can they compensate you the time you are to spend for this?

    and you are guessing that he is having an extra-marital affair and you are not sure about it. If he has not, then you are in major trouble, as he can then sue you for Defamation for your unchaste remarks on him and his family. Look before you leap. Think before you act.

    What you want is your life back.. right?

  8. #8
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    Dear Parvathi,

    Adultery and Extra marital relationships are punishable under Section 498 A of the Indian Penal Code provided it is prooved in the court of law. Your situation is sad, and I empathise with you, but would like to ask you a few questions.

    Did you and your husband move out of your inlaw's place and set up a house separately. What transpired during the 18 days. why did you not go with him abroad. whats was the issue ? Why dont you seek his friend's help ? My suggestion would be to have a heart to heart talk with you inlaws and seek their support and assistance in getting back your husband. Wherever you are currently, move out and move in with your inlaws and put pressure on them.

    As you are still not aware of what exactly is happening at your husband's place, give him the benefit of doubt but try to ascertain facts. Once you find out for sure that he is having an affair or got married a second time, then you can file for divorce and seek a hefty compensation for all the trauma and unhappiness he has caused to you.

    Till such time, be patient, garner everyone's support in the family, your side and his side and then start the match with all preparedness. Just go through the below link about an article on laws on extra martial affairs.

    [url]http://www.legalserviceindia.com/article/l17-Adultery.html[/url]


    Best wishes, and keep us posted on the progess. We shall pray that you get back your life and live happily ever after.


    Sanjay


    Parvathi wrote:

    > Thank u for the responses.Shld i provide sufficient proofs or smething to file it??

    Actually i have been deserted for 1 year after the marriage.I stayed with my husband for only 18days and then

    he left abroad.He's working there.After that no news frm his side.I guess he has some illegal affair ovr there.

    If that is the case i don't want to let him free.But i don't have any proof regarding that.I guess so.He is not keeping any contact with me for 1 year.

    His parents too are unaware wat's the actual problem with him.I enquired 2 some of his frnds over der.They are saying they don't knw anything

    regarding his personal matters.Anyway i have planned 2 file the divorce petition.But he shld also be punished if he has an extra marital affair over

    there.I won't b satisfied by a mere divorce.

    I want 2 see him punished.Becasue that much i suffered during this past 1 year.wat i can do for it???

  9. #9

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    Thank u for the response Sanjay.This marriage was an arranged one.After the marriage he said he will take me abroad

    after finding a suitable accomodation.During those 18days he behaved normally.He seemed to be very loving and caring(Nw i think he just acted

    like that).After he left,he didn't call me.I just wondered y he was so.When i try 2 call him ,he won't attend the call.I used 2 mail him also.But he
    won't reply.I became very much depressed.I am staying with his parents.They were also worried.They 2 don knw wat's the actual problem.Once in a while he may attend my call.When i ask him y he was nt taking me there ,he will say still he is looking for an accomation,after that he will take me ,till then pls don disturb him like that...I waited...during these time he won't call me and won't attend my calls as well as his parents calls.If we call continuosly for hrs ,he may attend and say the accomodation is nt ready.My frnds and relatives started asking y he is nt taking me there ,is der any prob b/w us like that...then one of his frnds called his parents and told that he got a good accomodation that.His company provided that.I called him and asked whther it was true?He said yes he got it 2 months back but he can't take me ther.I asked him y.then he said he is nt interested in dis relation anymore.

    I was totally broke down. My parents and his parents were shocked.His parents also called him.He said the same dialogue 2 them.But he didn't tell wat's the problem.He just skipped frm further questions.His parents then contacted some of his frnds there and asked wat's gng on der.thay said they don't knw anything personal.Then his parents asked him 2 come here.He said he won't come.He then called me and said it is better 2 file the divorce pettion mutually.I asked him wat's the prob..bt he just skipped the quest.he just said he can't proceed with this relation anymore,pls help him out like that.it's 1 year after our marriage...only 18days 2gether..and then he is asking for the divorce...i don knw wat's gng on actually..

    With god's grace i have a good job in hand..otherwise my condition will b still pathetic.

  10. #10
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    >

    Hi Parvathi,

    Thank you for your quick reponse and I can understanf the complete situation now. Which country is he settled and is the company he is working reputed ?

    Its good that you are financially independent and have a good job on hand and moreover you live with his parents. Thank god atleast your inlwas are supportive. Does your inlaws have property ? if yes may be they can threaten their son that he would not get anything if he disowns you and gets separated.

    At this point of time, dont agree for mutual divorce. study the situation more closely, as i said, ascertain more facts. If possible make a surprise visit to the country he is placed and confront him directly to know the real situation. Record the proceedings on your mobile without his knowledge. That would come in handy in case you initiate a divorce.

    Do keep in touch, and lets see how it goes. if you have a yahoo id or a google id, let me know we can chat up on the finer details.

    Take Care, God be with you in all that you do.

    Sanjay

    Parvathi wrote:

    > Thank u for the response Sanjay.This marriage was an arranged one.After the marriage he said he will take me abroad

    after finding a suitable accomodation.During those 18days he behaved normally.He seemed to be very loving and caring(Nw i think he just acted

    like that).After he left,he didn't call me.I just wondered y he was so.When i try 2 call him ,he won't attend the call.I used 2 mail him also.But he
    won't reply.I became very much depressed.I am staying with his parents.They were also worried.They 2 don knw wat's the actual problem.Once in a while he may attend my call.When i ask him y he was nt taking me there ,he will say still he is looking for an accomation,after that he will take me ,till then pls don disturb him like that...I waited...during these time he won't call me and won't attend my calls as well as his parents calls.If we call continuosly for hrs ,he may attend and say the accomodation is nt ready.My frnds and relatives started asking y he is nt taking me there ,is der any prob b/w us like that...then one of his frnds called his parents and told that he got a good accomodation that.His company provided that.I called him and asked whther it was true?He said yes he got it 2 months back but he can't take me ther.I asked him y.then he said he is nt interested in dis relation anymore.

    I was totally broke down. My parents and his parents were shocked.His parents also called him.He said the same dialogue 2 them.But he didn't tell wat's the problem.He just skipped frm further questions.His parents then contacted some of his frnds there and asked wat's gng on der.thay said they don't knw anything personal.Then his parents asked him 2 come here.He said he won't come.He then called me and said it is better 2 file the divorce pettion mutually.I asked him wat's the prob..bt he just skipped the quest.he just said he can't proceed with this relation anymore,pls help him out like that.it's 1 year after our marriage...only 18days 2gether..and then he is asking for the divorce...i don knw wat's gng on actually..

    With god's grace i have a good job in hand..otherwise my condition will b still pathetic.

  11. #11

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    Hi Parvathi,

    In India may be it is now legal to have an extral martial affair, When DV (Domestic voilence) act was published for women rights there was another law paased for men, which allows them to have EMA and they can't leave the 2nd woman like that, they will have to give her the same rights but they can't marriage for 2nd time and if they plan to leave, then they will have to give one time allomey to her.

    This is what I got to know from different lawyers. I would like to make a suggestion, please contact lawyer for the same and check if it's true also keep me posted on the same.

    Also before you file a case check your ground first, its should be strong to proof, on books law is different and when lawyers fight it is different. Be very careful. I am on the same boat.

    Under 498A act you can file 2 -3 cases, have you proofs ready for the same.


    > Parvathi wrote:

    > Is Extra marital affair a crime under the eyes of law??

    If a husband/wife is having an extra marital affair can we file case??

    Is it punishable???

    Pls give a reply

  12. #12

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    Are your in-law on your side or they are playing double game, get the telephone statement out and sacn through, check if ur husband speaks to your inlaw's in your absence on contionus basis and may be you are not aware. I have been in similary or may more cirtical sutation since 8 years, I have waisted so much time but now I doing what ever I can. Trust your instinct. Spy on your in-laws / his sisters / brothers or may close friends in India. It is not possible that he is not speaking to anyone in India, search his profile on orkurt / facebook, check his friends list try and get in touch with them. tell them what you are going through, don't hide your self behind the bushes. Fly to where ever he is contact local police they can trace him.

  13. #13

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    Yes my inlaws are on my side.They are so much worried bcoz of his this sort of behaviour.They are also trying thier level best 2 make things better.

    But they 2 are nt able 2 sort out the actual problem with him.My inlaws are treating me as thier daughter itself.They are worried abt my future also.

    They are ofcourse very loving,caring and supportive.I know some of his orkut frnds.I tried 2 contact them,but they don knw wat's happening with

    him currently.

  14. #14

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    Given the current scenario, please identify "what is that you want?" or "what your prayers are? ".

    You can easily annul the marriage and get out of it at the fastest avenue. If your in-laws are treating you like their daughter, it is actually their responsibility to find a groom and perform the marriage for you and bear all expense and dowry, because as per the hindu marriage system, you have already been made their duaghter-in-law.

    But you can forever keep finding avenues and there are many sharing what can be done from their experience?.... But at the end of the day what is that you want?

    Your action plan can be clear, once you consolidate on this. Also move out of your in-laws house immediately. Don't deal with things by staying in there. File the case with lawyer, and record the incident, where all these can help for future course of action.

    But has there been conjugal relationship in the few days he was with you? are you afraid that you may be pregnant ? Do take necessary action for that, in case.

  15. #15

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    Hire A Detective Agency At The Place Of His Work.... Collect The Docs From Them As Evidence . If Not Interested To Continue This Relationship, File A Case For 1 Crore Compensation..... Everthing Will Fall In Place... You Need Courage To Face The Law

  16. #16
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    An affair before marriage will not be considered as an offense but an extra-marital affair will certainly be treated as illegal within the boundaries of law. So, a wife/husband can lodge a complaint against their spouse on cheating case. If the person likes to take divorce form her/his partner with this case then it will serve as strong evidence and easily you get the way of separation.

  17. #17
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    Yes of course itís illegal to have an extra marital affair, as per the Section 498 A of the Indian Penal Code it is illegal and the person should be filed with a penalty. And of course this issue is increasing in India day by day. Adultery is an unpardonable sin in the eyes of laws, but though people opt for it ruthlessly, itís very bad for the family and its growth. An extra marital life and relationships is purely illegal and I feel that it should be encouraged anymore. And I donít want to talk much about this issue, anyone who does unpardonable mistakes are held responsibility and should be strictly punished in the eyes of the law.

  18. #18
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    extra marital affairs in India

    Upon extra marital affairs in India, many different voices are now airing multiple opinions. Many say that men canít have multiple relationships with women, which is extra marital, while husbands say law is protecting only women alone. What the factual truth behind all this:
    ē National Commission for Women adamantly scores various charges against only men
    ē Meanwhile, society opiates that there shouldn't be differentiation b/w men and women
    ē As per IPC 497, only males and not woman can be punished for committing extra-marital affairs (adultery)
    If this case or incident goes to the Court, men are most often punished. That may be irksome, as a newspaper reported that many women working for Call-Centres engage in extra-marital affairs. However, if they are caught they get out scot free

  19. #19
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    Previously and now such marital relationship is looked down over here in India. For people over here are more conventional though unconventional methods are approached by many. Extramarital though not termed as legal in India but cases have increased by leaps and bounds. Most men and women who are in knot look out for stray relationship due indifference and other reasons. One is accountable to heavy fine if found guilty in the context of adultery after marriage.

  20. #20

    Thumbs down not saying extramarital affair is good, but it should be happy...

    how about extra marital affair be legal, cause, everyone has the right to be happy, that the basis human right, I someday i marry someone, and she doesn't love me, or show affection, what do u expect me to do, live my life like a dead man, or seek affection from someone else, i know there will be hate comments on this reply, but i don't care , you guys think for yourself, and for you mam,(who is facing the problem), your husband if doing so is the sickest person there, you should report it....



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