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vinay_2431 (engineer)     10 January 2019

Extra marital affair with a married womena nd had a child

Hello All,

    I am involved in an extra marital affait and she has got a child but long back does this scenario come under adultery 497 ? 

Thanks,

Vinay.



Learning

 8 Replies

Vijay Raj Mahajan (Advocate)     10 January 2019

Section 497 IPC has been declared unconstitutional and void so this will not be covered any more under it.

vinay_2431 (engineer)     10 January 2019

If that is teh case then under what sections can the women file a complaint?

Thanks,

Vinay.

G.L.N. Prasad (Retired employee.)     10 January 2019

Members can not state on sections she may file case against you.  But, as far as Adultery is concerned, that section was declared unconstitutional.  She may chose Cheating or Criminal breach of trust or any other crime, as per her Advocate's opinion/guidance.

R Trivedi (advocate.dma@gmail.com)     10 January 2019

No case is made out, if she was married at the time of conceiving. But how are you so sure about that child?

vinay_2431 (engineer)     11 January 2019

Well Sir,

  The women said it out.may be True  [if we do a DNA test we will know the truth scientifically]

Rgds,

Vinay.

vinay_2431 (engineer)     13 January 2019

Hello autohide,

   what you said is true, but did the shame stop her for 16 years? is that practical?

the women celebrated several customs to the kid with her husband as father at her in-laws place, and she is enjoying all of her husband's property. she went to many family trips and did several customs in the village along with her husband and kid.

  so how can you prove or disprove that happened 16 years ago? how is this a case first of all as she is a married women at the time when she concieved? all these years she has been telling to outside world that her husband is the father . how can she prove that she DID NOT give her concent to me 16 years back? as she is the one who is going to file case she also needs to prove that she has a valid case correct?

Thanks,

Vinay.

vinay_2431 (engineer)     13 January 2019

Hello AutoHide,

   If we have to consider your scenario then every prostitute can file a case on her customer and extract money from them and send them to jail.

  then why all this sections about affairs? [497 etc etc..]

Rgds,

Vinay.

vinay_2431 (engineer)     15 January 2019

What you said is correct Autohide, India defnitely needs more people like you .

  anyway you are an advocate or just a victim of these Biased laws?

Rgds,

Vinay.


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