Husband's Extra Marital affair

Look, In India there is no law (action) which stop llicit girl must keep off her husband.

i dont dare call her a keep(fear of neo feminists)

I also agree with  Avnish Kaur as I already said in other post also see it;

https://www.lawyersclubindia.com/forum/The-word-Keep-in-Judgement-26143.asp

https://www.lawyersclubindia.com/forum/KEPT-OUT-OF-BOUNDS-26158.asp

So, your doubts are cleared but give your reply, I will wait for that.

this is certainly adultery you said (civil adultery) and not  (criminal adultery) Even the definition of adultery in civil law is much wider in scope than in criminal law.

Please tell me what is civil adultery? Define it. (I give clue under the law of torts)

 Of course reality is that adultery is not civil offense but a marital offense.

The standards of proof for judgement vary in all the three category

Marital

1. for marital is it reasonable to belive that it happened

Civil

2. This is the most likely outcome that must have happened

Criminal

3. This is only happening that happned and the outers are only unreasonable speculations

 Since this honorable unmarried another lady is not wife of any person, IPC 497 is not attracted as you said and I also said that criminal adultery is not attracted here.

Here the author asks what action can be initiated against the straying husband to bring him back on family track?

Girija Vyas, Member of the 15th Lok Sabha said in matuknath's case. "If you feel that you want to live with some women who is not your wife then the right approach is to get a divorce otherwise you r guilty of crime"  Renuka gupta also said this.

But if you ask for divorce on the ground of adultery then divorce adultory has to be proven beyond reasonable doubt and the delay in the judgment etc.

Read As citizens we are concerned about delays in judgment . Many of which are happening due to judges also wasting there time in frivolous cases like the one against Shilpa shetty ,Payal Khanna etc,

Aditya Chopra(film director, writer and producer.) married his high school girlfriend, Payal Khanna, at the age of 30, in a private ceremony attended by a few of the couple's close friends. Payal studied with Aditya in Bombay Scottish School and completed a course in interior designing in London. Payal later went on to design the Yash Raj Studios in Mumbai and also co-produced some films for the banner. The couple, however filed for divorce, on 20 April 2009.Now,what is core reason behind this as you know  I don’t give a actree name you all know .What happened to payal when she take such a harsh decision. What sadness she feels she knows and I have a moral support to her,she is very unhappy and all of you also have moral support too.

I am very depressed to say that Kavita Kundra(Raj Kundra first wife currently Shilpa Sheety )says "Shilpa Shetty Responbile for Marriage Split" Read This :

https://www.sheetudeep.com/blog/entertainment/kavita-kundra-says-shilpa-shetty-responbile-for-marriage-split/

What sadly Raj Kundra Said told The Mail,

We are just good friends. My wife has always tried to link me to any woman I have been associated with professionally. She is very insecure. I am divorcing her on the grounds of unreasonable behaviour – that she never supported my interests or wanted to go out with me. He confirmed that he had ended the marriage by text message and sent her clothes to her in black bin-liners.

Update

TimesofIndia has published the apology of Raj Kundra where he has refuted allegations of his ex-wife Kavita.

In a statement, Raj Kundra said

My wife and I separated nine months ago and filed for divorce four months ago; we had agreed a mutual divorce. The reasons for the divorce are too personal for me to discuss and it would bring down my ex-wife and I do not wish to stoop down to her level as it’s very degrading. At this time I had no association with Shilpa Shetty whatsoever. I regret that my personal situation has led my ex-wife to attempt to damage the reputation of a highly acclaimed celebrity. I would simply like to take this opportunity to apologise to Shilpa Shetty and her family for my ex-wife’s shocking allegations and request the media to not give such claims so much attention without verifying the facts 

I already said that some men and women have a TIME AND MONEY( see my earlier picture) and they can use for extra relationship. If wife ask for divorce they are ready to give as they have a huge money but on other hand a common don’t have enough money so if wife ask for divorce then common men try to stop the extra relationship as money is the core factor.

DV act or adultery(criminal) or divorce may not be helpful to wife and if she file then husband in future definitely marry to this girl.  husband mauja hi mauja

What here is to punish the husband and girl but in law there is no effective and easy remedy.

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. No doubt that the law, as it stands, is inadequate

Why the Supreme Court Has Erred
Considering the limited question of Constitutional validity before it the object of Section 497, as stated above, was never brought before the Supreme Court. The decisions of the Court therefore have erred to the limited extent of holding adultery as an offence against the matrimonial home.

If adultery had been a matrimonial offence neither the husband would have had the freedom to indulge in extra-marital s*xual relations with unmarried women nor the consent of the husband of the wife when she had s*xual intercourse with other men would make any difference in its constitution. Adultery therefore is not an offence against the matrimonial home but against the husband himself. The way a person is not expected to enter on the property of the other without his consent, another man is not expected to have s*xual intercourse with someone’s wife without his consent. It uses the same analogy that is used for the offence of trespass. There is no doubt then that this section treats a woman like a man’s chattel.

Why Women Should Not Be Punished Even Now

The object of the amendment to punish women for adultery is not clear.

In case women are made punishable for adultery Section 497 would become haven for all husbands and in-laws wanting to get rid of their wives and daughter in-laws at the cost the woman’s social status.

Making a provision which makes a woman lose her reputation in Indian society is like killing the soul of the person while keeping only the body alive. In no case should such a murder be allowed.

We live in a society where far from prosecution, even an allegation of a woman’s unfaithfulness is sufficient to reap havoc in her life.

Marriage is both, a sacrament and a civil contract and the society has certain notions about the same. Yet, it is not a standard form contract. The spouses are and should be at a liberty to choose their own terms of the contract. Therefore, whether they allow each other to have or maintain s*xual relations with third parties should be at the sole discretion of the parties alone. The National Commission for women recommends that adultery should be made merely a civil wrong and the Supreme Court impliedly agrees that husband and a wife should not strike each other with the weapon of criminal law.

Adultery is not a crime in most countries of the European Union, including Austria, the Netherlands, Belgium, Finland, Sweden and even Britain from whom we have borrowed most of our laws. In the United States, in those states where adultery is still on the statute books, offenders are rarely prosecuted. AND

Avnish Kaur said,

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

Yes,For husband mauja hi mauja

In short,

Since men had the social sanction to maintain such relations and women were starved of the love and affection of their husbands women were treated as the victims and not the authors of the crime. When Section 497 was enacted there were no codified personal and matrimonial laws like today but they were unequal and inoperative.

Women have begun to establish their own identity in the society and are no more treated merely as their husbands’ chattel. (Here a voice of Renuka Gupta said )There are no reasons to retain adultery as an offence in the penal code. Our personal laws are sufficient to take care of adultery as a civil wrong.

Adultery is a marital offense not a civil offense.

Currently Saudi Says Stone the adulterous women

and India says Jail the adulterous man

but I say divorce the adulterous man or woman  as renuka gupta said.But here what wife should do after taking divorce as if she want to continue the marriage and she so,then accept it the relationship.Husband and wife and girl mauja hi mauja.

Now dear friends ,I have no words ,no thought ,My brain are empty now so, this is the Final reply .I have a highly  respect for women and sympathy to divorced wife(True Divorced wife  Only) but I am not a law maker ,I am a lawyer .

supreme court has power to interpret law only. it just made the intent of legislature clear while intepreting law in light of that intent.

most hi profile people including many MPs indulge in such acts and in a male dominated parliament wat else law is expected to be passed. the real intention behind legislature to enact such a law - mauja hi mauja for males.

read this post by kushan , good mathematics applied :)

all those who say that i am saying the respctable GF of the man shud be PUBLICALLY HUMILIATED,kindly reread my posts to check whether i really said so.

i said the wife's parents,inlaws and other supporters shud meet the respectable lady's parents,talk wid them assertively and show them the recording to prove this affiar....so where's the public humiliation in this?i dint ask them to go to the streets and expose the girl.is this not the way the issue shud be sorted b/w familes?

secondly i said that if this way doesnt work,file DV case against man,(since the respectable lady is laadli of india.she cant be made respondent.)

when the proof of the affair is shown in court to suggest emotional and mental abuse,the laadli's name will automatically come in front of judges and court....the errant husband will definately tell his GF that our names are being taken in court...so again where's the public humiliation?its true that after hearing about her exposure in DV case, the gal will get afraid and ashamed that her deeds are getting exposed in front of judes....isnt this itself humiliating to her?now dont say that the wife shud not talk of this affair in DV case.

finally i said that the outcome of DV case can be requested to be published in newspaper.....here the laadli's name  may be kept anonymous by newspaper company....now dont say we dont read reorts of DV case outcomes in newspapers,where a man's extramarital affair is also exposed.....there are plenty of them.

by now,the laadli will obviosly know that this report of the DV case is in papers.... dont u think that she'll get too embarassed by now?the affair may get discontinued also,for good,as the man,who's a doctor will also be bothered about his status in society.

u r reacting to my suggestion of newspaper report,let me remind,i have seen 2 episodes of aap ki kacheri where the wives exposed her adulterous husbands and also took their lovers' name openly;no anonymousity...and kiran bedi had full sympathy for wives

as these men got exposed and their lovers also,they promised to return to their wives and leave all relations with the laadlis....

did the wives do anyth.illegal about exposing the respectable ladies in the TV programme?

if u say that even these steps shud not be taken,i apologize publically to all respectable informal dinified honourable divine devis of india..devijis...do forgive me..

Abba what lengthy discussion.  I hope querist problem has been solved.

I am replying very very late to this thread. I got married recently and fuming at the very sorry state of marriage. Its high time to follow the 'privacy' and 'individuality' culture in other kinds of relationships like live-in, concubinage etc., Marriage is defined and credited under different marriage acts by law and so allowing extra marital affairs is like making mockery of law and marriage acts. If divorce is to be the only relief to get justice from cheating spouse then calling this institution sacred or sacramant is just an eye wash. Why should husband or wife not be penalized if they commit crime? I am not just talking about extra marital affairs. Be it any crime, why should a case filed by husband against wife or wife against husband treated any different from other crime cases? Why so much special status to individuals commiting crime in marriage?