Extra Marital affair


My family friend is having an extra marital affair with a girl since 2005. he had married her illegally in 2008 without divorcing his 1st wife. His wife is not willing to give divorce. she is having all the documents of his illegal marriage like marriage certificate n divorce certificate of the 2nd illegal wife. my friend he will be writing a bond saying tht he wud be leaving his house share & will not interfere in his 1st wife life & nor she shud interfere in his life & will be leaving his house in 3-4 months. After this step wht does he do if his wife harasses him the place he stays. Also his wife is suffering from HBsAg since many years & depression (14.2.2019). will he be in trouble if she blames him for his depression.
Thks.
 
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Advocate Supreme Court of India

Ideally, he must obtain divorce from the first wife before moving on. I will also recommend that your friends gets a settlement certificate so as to ensure that the future is peaceful for both parties.
 
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Your friend has then committed a crime for having an extra marital affair in the year 2005. He has also committed another crime under section 494 IPC for marrying another woman, without legally divorcing his 1st wife. But, since section 494 is noncognizable and compoundable offence with the permission of the court, he can go ahead with the settlement as posted by you in this column (with the permission of the court).
 
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Thanks aton Navneetji & Om Prakashji. The problem is his wife will not agree for any type of settlement. she has clearly told him she will die but wont divorce him nor will do any settlement.
 
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btw what is settlement certificate
 
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No deed will have a bearing, get the formal separation from the first wife thru court of law.

 
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Thks 4 ur reply Thrinadhji. But the 1st wife is not at all ready 4 mutual separation. wht is the solution???
 
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