Adultery

You had committed a crime of adultery.if he lodges a case over you and proves his allegations then you could be given upto five years imprisonment.

But the girl with whom i had intercouse is willing to marry me and even i'm ready to marry her! in this case.. cant this be the ground for their divorce? 

Are you gone mad? Why you yourself want to give invitation to problem in future? Already you have committed adultery. That girl is very clever. She know if adultery prove she won't get any punishment you will be in jail . you believe her so blindly that you haven't think with your cool mind the girl which can do this with you after her marriage can't she will not do same with you after your marriage? What future you see with that girl who cheated her husband? She is making you fool. If adultery prove you will go jail and she will find next one. At last my suggestion is stop thinking about her and dnt make any contact with her. Otherwise your love will end in jail. You will wake up with your happy married life dream with that girl in jail. She will spoil your life. Take decision with brain not with your heart.

Lord bestow some sense on him (under judicial supervision if necessary!)

If he files a case against his Wife and you and quotes the photos and others in the E mails, it is to be seen to what extent Courts will admit the same as evidence and proceed further.

 

If such a case is filed, since the girl is ready to marry you, she can very well consent for the divorce (of course without any alimony etc. in view of the grounds). Once she is free from the committment of the marriage, she can decide.

If they go for mutual consent without alimony , and if you marry her  may be  both of you get pardoned for the sins.

I ll suggest that you stay low. Dont try to be a saviour. Your involvement is only going to create more trouble for everyone. 

You are at the mercy of her husband. If the husband file suit against you, then you will definitely land up in  jail for 5 years.

The ball is in the husband court & he can hit it as per his wish.

I will not advise you, whether you should marry the lady or not. That is entirely your decision. As, I am very much sure, our suggestions in this matter will not go.

 

From the legal perspective-

There is no legal complication, if the lady (the married woman) marries you after taking the mutual divorce from her husband.

The wife has no valid legal ground, based on which she can ask for the divorce. In fact, the court will reject her petition straight way, if she mentions "she has a bf and want to hook up with him. That’s why she is asking for the divorce"

 If the husband gives his consent for divorce, then the court will definitely give him the relief (divorce), as he has a very strong & valid ground (he will use adultery as a primer).

So, at this point of time, the wife has no option other than to convince her husband for the divorce.

How can a woman continue same relation with her boy friend after marriage? Howsoever, daring a woman may she is bound to change her priority and affinity towards her husband skipping the boy-friend. However, if she dares to continue, she has something more in her mind as very well analysed by  autohide4u, I agree and appreciate.

A very good hypothetical academic debate, without any head and tail.

I do not agree with autohide.

1st - Here Husband can prosecute the accuse under u/s 497 IPC. Which means the accuse is at the mercy of the husband. I am well aware, that the accuse will try to prove that the activity was done with the consent & connivance of the husband. But, here the defence (the accuse) is on a slippery ground based on the evidence the husband has.

2nd – The courts are well aware, that after such incidents of adultery, wife retains the tendency to file 498A & DV Act against the husband. Simply, again the burden of proof the 498A & DV lies on the prosecution/the wife.

Here again, the prosecution (the wife) is on a slippery ground.

3rd -

"wife can simply allege that husband tortured her for dowry and forced her to take these pictures with the boy with intention to sell them for profit”.

Here again wife needs to prove her allegations against the husband. 
Also, the wife needs to prove that the husband concerned, given consents to it & the affair is carried out with his connivance at the time of trial of 498A & DV Act. And 498A & DV act is hard to prove in this case.

(NOTE - I was well aware of the fact at the time of giving my first reply that the wife may/will file 498A & DV act against the husband, if the husband thinks of considering any steps against the wife. But intentionally omitted that suggestion as I have given my reply based on the scenario. So, I avoided to mention the options (FALSE allegations) that are available with the wife in this situation).

4th – The wife will/may file 498A & DV act (FALSE allegations) against the husband. Then in that case, their divorce will get drag for many years, as the husband will not/should not give his consent for divorce until & unless the suit (498A & DV) gets resolved.

Which means the wife (i believe she has a sound mind) will also avoid to file these suits against the husband, if she is really willing to get marry with the accuse at the earliest.

And if the wife file one sided divorce petition, then she also needs to show the valid reason. Then the husband will contest it. This will also drag for many years.

 

As I earlier mentioned, the best alternative is to convince the husband for mutual divorce. In the mutual consent, the divorce will get granted in 6 months. After that the accuse  & the lady can lead their conjugal life.

Vivek had s*xual inter-course with the girl in October, 2016. The girl was already married in December, 2015. If the husband hacks into this conversation, that is enough to send Vivek to  jail under IPC 497. The girl is immune to 497 and nothing will happen to her. The husband can file a civil case for divorce at the most. Or if he wants to prevent the girl and the boy to legally get together he can file case under IPC 497 as well as refuse divorce.

Many young men think that if they desire s*xual intercourse with a particular girl and the girl also desires in the opposite direction, nothing in this world can prevent them from fulfilling their desires irrespective of the marital status of the girl. But the law is old fashioned, my boy; it is as old as 1860. So, be careful. Suppose you marry her and she goes with a third person what will you do?