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affairs with married person

(Querist) 16 December 2011 This query is : Resolved 
sir,my cousin brother is married in our cast, he is having nice wife & 2 daughters.
from last few days we come to know that he is having some kind of relation with one lady(she is married & staying with her husband & having one daughter).when we asked to brother he is saying she is just a friend.
but last few months he is not giving money to house, & always saying, whenever i earned i given to the vendor, or suppliers.

now, we come to know that they both gone together to our native place also.
we got the flight ticket.
this is spoiling his family's life & the children also now growing, they are also understanding.
what action, we can take against that lady & brother, so he will leave that lady & concentrate in his life.
Nadeem Qureshi (Expert) 16 December 2011
read 497 IPC
Section 497. Adultery


Whoever has sexual 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 sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.



CLASSIFICATION OF OFFENCE



Punishment—Imprisonment for 5 years, or fine, or both—Non-cogniz­able—Bailable—Triable by Magistrate of the first class—Non-com­poundable.



STATE AMENDMENT



Andhra Pradesh



Punishment—Imprisonment for 5 years, or fine, or both—Cognizable—Bailable—Triable by Magistrate of the first class—Non-compound­able.



[Vide Andhra Pradesh Act 3 of 1992, sec. 2 (w.e.f. 15-2-1992)].






M.Sheik Mohammed Ali (Expert) 16 December 2011
yes, it is offensives, adultery
VENKATESH HEGDE (Expert) 16 December 2011
Agree with Experts. If it can't possible to convince your brother ,his wife can choose divorce also.. In these type of situation try to convince your brother regarding his responsibilities towards his family also try to convince /threaten that women regarding her responsibilities towards her family.. if possible inform her husband also. any way these type of relation spoils both family ... try to go for legal remedy as last chance.
Guest (Expert) 16 December 2011
Yes, agree with experts. But, moral lessons are quite necessary to enable both of them to have happy married life rather than getting family life of both spoiled. Subah ka boola agar shaam of ghar laut aaye to bhoola nahin kahalata.
Shonee Kapoor (Expert) 16 December 2011
Have a heart to heart talk with all concerned.

The lady and her husband, your cousin and his wife.

Adultery is one of the main reasons for breakage of marriages. Tell them the consequences.

If the wife of your cousin is not ready to forgive, she can get divorce on this ground and the husband of the lady can file for adultery on your cousin.

I wish things are resolved w/o getting into litigation

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 16 December 2011
I have nothing to add in the reasoned replied already expressed by various learned experts.
mahendrakumar (Expert) 17 December 2011
I have similar opinion of Mr.Shone Kapoor.
Shailesh Kr. Shah (Expert) 17 December 2011
No further addition needed.
V R SHROFF (Expert) 17 December 2011
Anything better than what Mr.Shone Kapoor says in this particular case?
Follow him.
Keep the Flight Tickets.

" No court shall take cognizance of the offence u/s 497 except upon a complaint made by the husband of the woman.
only Aggrieved person is her husband, who have to complaint.

I know one case, where a Paper Mill Owner roamed around a married woman, Within 1 year, we all found, That Lady and her husband became owner of the entire property including the Papers Mill and many acres of Land and bungalow, and the Original Paper Mill Owner is begging around, not a hut to reside, and poor. The married woman’s husband was a ring leader, and the lady had adulterous relationship under her husband’s instructions. Shortest and sweetest way to be rich!!

If this case is of this type [There are thousands of such cases if you discover] who will file Adultery case??

Adultery is used to secure jobs for their brothers and sisters, purchase contracts for their husband, Influencing Police Dept, in Property deal, and what not? Is Adultery next to money for corruption or Money is next to Adultery?? Where money fails, Adultery Works??

Rich Husband is a Prey!! Majority Heart attacks of Senior Managers, in MNC , Bombay and Delhi are due to this reason, affairs with their Secretary, a Report of Top Heart surgeon. Indian Ministers / Even Bill Clinton?? Were caught , with married air hostess, / women and were in World News!!

Always Remember, Ladies do not have affairs with married man, without any illegal gain.
So first protect property. He already stopped paying to her wife and children,
Those Ladies Hypnotize, blank the mind for Six months, achieve their target & throw the Man.
Only Man loose, Lady never lose anything in adultery.
Also Only man is punished, not Ladies.

ALL MEN BEWARE, ENJOY WARMTH OF FIRE, DO NOT GET BURN YOURSELF & YOUR FAMILY, & YOUR PROPERTY. Don’t become one more harassed husband.

Adv Shroff
17-12-2011

Dr V. Nageswara Rao (Expert) 17 December 2011
My answer is to your query: what action, we can take against that lady & brother, so he will leave that lady & concentrate in his life?

In this matter two persons who are trying to have free fun is your brother and the 'other' woman. No use talking to your brother now. First talk to the woman and tell her whether she is prepared for being a party to adultery case which will bring her not only bad name but also a possible break up of her family. She will in all probability deny the affair but tell her about the flight ticket etc and that you will bring all this to her husband's notice.She may not be prepared to break up of her family and the kid.
mahendrakumar (Expert) 18 December 2011
A sensible advise by Mr.Nageswara Rao.
Guest (Expert) 18 December 2011
But, mind it, in adultery case if filed, only your cousin would be punished with jail, not that lady. The lady can only get bad name in the society. But, if she is so shameless, even that won't affect her.
Shonee Kapoor (Expert) 20 December 2011
Regardless of who is punished, you should make all efforts to stop this.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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