Husband's Extra Marital affair

I agree with Roshni that this case is fit for a DV  case. 

I have read here two different views of adultery. While advocate Ms. Suchitra says that if a married man have relations with an unmarried woman it is not adultery while Avnish Kuar thinks otherwise. Common sense would tend to put it under adultery. Just for my own education: is it adultery or not? 

If I have not understood correctly, apologies, but if I have, then it is worth clarifying whether a married man's physical relations with unmarried woman is adultery or not, in view of the two different views expressed here.

Thanks 

this is certainly adultery , but it is only  for divorce on basis of adultery (civil adultery) . neither husband nor other respectable unmarried woman in life of husband can be prosecuted for this adultery (criminal adultery).

Time limit for DV case? I think DV case does not have any specific time limit. 

Experts, please clarify.

wat to ask for in dv ? dv is not the solution here - if wife living in matrimonial home.rather even in-laws will also be against her if she uses dv . can author share some more facts of case?

if this first lady in life of husband attempts suicide on account of there being a second respectable lady in life of husband , there can be a criminal case of  306/498a. but even then she will not get her husband.

If the law amends to punish the women in adultery then its ok until then it’s a problem in Indian society.

Renuka agree with Roshni that this case is fit for a DV  case ??My answer is ;

This case doesn’t fit in DV case .Suppose you file what remedy the wife should get?

 In Dv act section 23 Power to grant interim and ex parte orders .-

 (1) In any proceeding before him under this

Act, the Magistrate may pass such interim order as he deems just and proper.

  (2) If the Magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under section

 But how this order should implemented .as parents advise failed and court order binding to him ?NO ,he became more aggressive and after filing Dv case the relation become bitter between them also husband (doctor ) reputation down .

Only remedy is that the girl should marry to another person .

Now,doctor have a TIME AND MONEY so here is the Joke that is applied;(Please This Advise is only wrote for the girl not for the women or other men .Only girl and doctor)

since this honorable unmarried  another lady is not wife of any person , IPC 497 is not attracted.

mauja hi mauja.... for husband and respectable honorable second /another lady in life if husband.

 typing error , above may be read as:

since this honorable unmarried  another lady is not wife of any person , IPC 497 is not attracted.

mauja hi mauja.... for husband and respectable honorable second / another lady in life of husband.

ok , lets debate how this adultery (civil) attracts dv act and what relief this wife living in matrimonial home can get under dv act 2005?

 Only One remedy

497.     Adultery: - Whoever has s*xual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such s*xual intercourse not amounting to the offence of rap, is guilty of the offence of adultery, and shall be punished with imprisonment of either descripttion for a term which may extend to five years, or with fine, or with both. In such case the wife shall be punishable as an abettor.

Very difficulty to prove an abettor(prove the illicit relation with the girl.)

But dont worry just go with section 497 lets see what happens next.

Section 497 penalizes s*xual intercourse of a man with a married woman without the consent of her husband when such s*xual intercourse does not amount to rape. That is, it draws a distinction between consent given by a married woman without her husband’s consent and a consent given by an unmarried woman. It does not penalize the s*xual intercourse of a married man with an unmarried woman or a widow or even a married woman when her husband consents to it. In case the offence of adultery is committed, the husband cannot prosecute his unfaithful wife but can only prosecute her adulterer. However, since the offence of adultery can be committed by a man with a married woman only, the wife of the man having s*xual intercourse with other unmarried women cannot prosecute either her husband or his adulteress. What is interesting here is that the section itself expressly states that the unfaithful wife cannot be punished even as an abettor to the crime. The offence of adultery therefore is an offence committed against the husband of the wife and not against the wife

Adultery cannot be committed without a woman’s consent. Yet, the section burdens man alone for the offence. Though the reasons for this may be justifiable, the woman here is always treated as a victim of the offence

Please just go to https://www.legalserviceindia.com/article/l291-Adultery.html

i really doubt if kushan vyas ji is really a lawyer in practice.

Avnish Kaur said,

IPC 497 is not attracted. mauja hi mauja.... for husband

Yes,For husband mauja hi mauja                                                         

IF HE NEVER CHANGE HIS MIND THEN I BECOME A Narasimha Avatar.

Many Thanks Suchitra Ji for taking time to clarify. 

The DV case can be attracted on the grounds  of emotional., mental, and s*xual( if the husband avoids his wife) and psychological torture and reliefs can be sought accordingly. When such relationships happen, wife goes through immense grief and feeling of inadequacy and insecurities. These factors can be elaborated according to what wife actually would have gone through. 

Someone mentioned time limit for DV case. I suppose there is no time limit for DV cases, is there? 

I would be interested in listening to the opinions of experts on this. 

Dear Avnish Kaur,

You are a new on this forum so that you have a doubt on me but on one day your doubts are cleared.I shall wait for that  day.