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Nirav sharma   19 July 2019

is affair considered as cruelty

I want to ask sir, does extra marital affair is considered as cruelty under 498 ?
if yes then what are the penalty for that


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 13 Replies

Imtiaj Goldar   19 July 2019

Extra marital affair is no more considered as a criminal offense because of recent supreme court order
1 Like

Laxmi Kant Joshi (Advocate )     19 July 2019

Extra marital affair is no more a crime but it is a valid ground for divorce
2 Like

Nirav sharma   21 July 2019

my 498a case is three and half years old, will the recent judgement of Supreme court be applicable to my case that extramarital affairs is not cruelty?
my lawyer says extramarital affair comes under cruelty due to which I was under lots of. tension.

Nirav sharma   21 July 2019

my lawyer said New judgment wnnt be applicable for your case because your case is old and judgment came now,

Ms_Roz   22 July 2019

extra marital affairs? well why dont simply get divorsed and then engged with other? why cheating patner?

Ms_Roz   22 July 2019

so what ? amendments can always be implemented . 

Ms_Roz   22 July 2019

Set benchmark

Nirav sharma   22 July 2019

om prakash ji what's the solution to get rid of 498 a ? yes I have affair, but iam living away from my wife since three half years. I have tolerated lot in six years a lot sir

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 July 2019

Supreme court has nullified Section 497 which was about adultery. Under the section if a man, married or unmarried, had s*xual intercourse with a woman married to another person it was called adultery. If a married man had relations with a woman, (married or unmarried) other than his wife, it is called an affair. It would not have come under Section 497 even when that section was valid. If a wife complains to the police that her husband was having affair with another woman, he can be arrested under IPC 498A even now. Do not confuse things.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 July 2019

Arrest or no arrest under Section 498A  extra-marital affair by the husband will be considered as an offence if a complaint is made by the wife. The point I wanted to make was that neither Section 497 nor its abrogation has anything to do with affairs of married males with other women. There should not be any confusion. Law and judgments should be read properly with a logic mind.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 July 2019

Arrest or no arrest under Section 498A  extra-marital affair by the husband will be considered as an offence if a complaint is made by the wife. The point I wanted to make was that neither Section 497 nor its abrogation has anything to do with affairs of married males with other women. There should not be any confusion. Law and judgments should be read properly with a logic mind.

Sudhir Kumar, Advocate (Advocate)     24 July 2019

extra marital afairs cannot be charity or normal behaviour which wife is forced to tolerate.

 

if it hruts the wife it is cruelity.  If she has condoned it then it is not.

1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     24 July 2019

A single word reply to the question of Nirav Sharma is 'Yes'.

1 Like

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